소유권이전청구권가등기말소등기
1. The Defendants are with respect to real estate listed in the attached Table 1 for each inheritance share in the attached Table 2 list to the Plaintiff.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1 to 8, and Eul evidence No. 1 by integrating the whole purport of the pleadings.
H completed the registration of ownership transfer on November 21, 1980 concerning the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On the other hand, on January 9, 1981, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) has been made on the real property of this case on January 8, 1981 in I in the future on January 8, 1981.
C. H died on November 13, 1991. D.
On August 29, 2006, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate by reason of inheritance.
E. I died on November 5, 1990, and the Defendants are the heir of the deceased I’s common property.
2. Judgment on the plaintiff's claim
A. The Plaintiff asserted that ① the net I completed the provisional registration of this case at the time of the deceased H M, and ② the net I did not exercise the right to conclude the pre-sale contract at the expiration of 10 years after completing the provisional registration of this case. As such, the provisional registration of this case ceased to exist due to the lapse of the exclusion period, the Defendants asserted that the Defendants are obliged to cancel the provisional registration of this case.
B. We examine the judgment on the first argument, and there is no evidence to prove the above argument, and the plaintiff's above assertion is without merit.
C. The judgment on the second argument is that the right to conclude the pre-sale agreement is a kind of right to form and the period of exercise is agreed between the parties, and if there is no such agreement, the right to complete the pre-sale agreement shall be exercised within 10 years from the time of establishment of the pre-sale agreement, and when that period expires, the right to complete the pre-sale agreement shall be extinguished due to the lapse of the limitation period. Since it is apparent in fact that 10 years have elapsed from the date of the pre-sale agreement as of January 8, 1981, which is the cause of the provisional registration of this case, the Defendants, the heir of the deceased I’s co-property, are against the Plaintiff.