가등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The existence of the Plaintiff’s claim against B and the insolvency of B, as set out below, have the claim against B for tax claim of KRW 516,088,010 and damages for delay. B does not fully perform the above tax liability against the Plaintiff, and there is no particular property at present.
The tax amount due for the tax items to be reverted to the jurisdiction shall be 516,088,01,01 (3 cases) 111,437,350, 2006, 2006, 148,797, 510, 2007, 207, 2007, 207, 255,853,150, 207, 2007, 2007, 2007, 2007, 516,08,010, 200
B. (1) On June 20, 200, the Defendant entered into a pre-sale agreement with B on June 20, 200 with respect to the instant shares (hereinafter “instant pre-sale agreement”), and completed the provisional registration on June 21, 200 based on the instant pre-sale agreement.
(2) On January 3, 2007, the defendant filed an application for the registration of ownership transfer against B, etc. on November 24, 2006, and the court "B, etc. received a decision as a substitute for the conciliation of the contents that "B, etc. implement the procedure for the registration of ownership transfer based on an agreement on December 15, 2006 with respect to the instant shares" from the court, and the above decision became final and conclusive as it is without objection by the parties.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. The right to make the other party to the purchase and sale effective by expressing his intention of completion of the purchase and sale reservation in the unilateral reservation of the plaintiff's assertion, that is, the right to complete the sale and purchase reservation is a kind of creation right, if the parties have agreed on the exercise period, within such period, and within 10 years from the time when the reservation was made, if any, and the right to complete the purchase and sale expires upon the lapse of the exclusion period. The defendant is on June 2, 2000, the date when the contract was made.