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(영문) 수원지방법원 2018. 11. 27. 선고 2018가단544436 판결

제척기간이 도과한 소유권이전청구권 가등기 말소청구는 정당함[국승]

Title

Claim for cancellation of provisional registration of claim for transfer of ownership, the exclusion period of which expires

Summary

The exclusion period of the right to the provisional registration of the right to claim a transfer of ownership is ten years from the time when the reservation is made, and the right to complete the reservation is extinguished because the period has elapsed. It is legitimate to implement the procedures for the provisional registration cancellation.

Related statutes

§ 404. Creditor's right of subrogation

§ 564. One-way promise for sale under the Civil Code

Cases

Suwon District Court 2018Kadan54436 Cancellation of Provisional Registration

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

November 27, 2018

Text

1. The Defendants shall implement the procedure for registration of cancellation of the registration of the right to claim transfer of ownership, which was completed on December 8, 1998 by the receiptxx with the district court 00 district court 00 registry office 00 with respect to the real estate listed in the attached list to Nonparty BB.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);