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(영문) 대전지방법원홍성지원 2019.07.24 2018가단1551

가등기말소

Text

1. The Defendants are the Daejeon District Court Budget Office on March 16, 1990 regarding each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of each statement in Gap evidence Nos. 1-1 and 2, the plaintiff completed the registration of ownership transfer based on sale and purchase on May 15, 1980 as to each real estate listed in the separate sheet, F, defendant B, and C, the Daejeon District Court’s budget receipt registration office on March 16, 1990 as to each of the above real estate, completed the registration of ownership transfer claim under Article 4036 of the Daejeon District Court’s budget receipt registration office on March 16, 1990, F, G, who died on July 20, 192 and were his wife’s wife’s children, H, I, J, K, and defendant D jointly succeeded to the property, and H, his children died on November 12, 2013, and it can be recognized that the defendant Eul solely inherited his property.

(b) In the pre-sale agreement, which is the cause of provisional registration of legal principles, the right of the pre-sale to the effect of the trade by expressing the other party to the pre-sale agreement, i.e., the right to conclude the pre-sale agreement, if the parties have agreed to exercise within such period, or within 10 years after the pre-sale agreement is made, if not agreed, and the right to complete the pre-sale becomes extinct upon the lapse of the exclusion period

(See Supreme Court Decisions 91Da44766, 44773 Decided July 28, 1992; 2016Da420777 Decided January 25, 2017, etc.). (C)

Judgment

According to the above facts, since there was no reason to set the period of exercise in the above sales reservation, the right to complete the reservation based on the above sales reservation has expired on March 13, 2000 after the expiration of the exclusion period, since there was no reason to set the period of exercise in the above sales reservation.

Therefore, the above provisional registration is invalid, and the defendants are obligated to implement the procedure for cancellation registration of the above provisional registration to the plaintiff, barring any special circumstance.

2. Determination as to Defendant B and C’s defense

A. A. Around 1977, the Plaintiff’s land was incorporated into a road as part of the Saemaul Project at the time of the Plaintiff’s entry into a new site. At the time, the Defendants owned without the consent of the Defendants.