가등기말소
The defendant shall receive, on January 13, 2009, each of the real estate listed in the attached Form B from Suwon District Court.
A provisional registration of title trust and ownership transfer claim shall enter into a title trust agreement with B, and purchase D 2476 square meters and its ground buildings prior to the division from C, etc. and complete the registration of ownership transfer in the name of B on February 23, 2006.
(Evidence Nos. 5, 5, 6, 7, and 8). The defendant made a provisional registration under Section 1 of the Disposition in order to preserve the right to claim ownership transfer registration against B in respect of the land and building before the above division.
(A) The above provisional registration is “the provisional registration of this case.” The land prior to the division was divided into the area of 886 square meters prior to Yju-si, E, 662 square meters prior to E, and 928 square meters prior to F.
(A) According to the pre-sale agreement on January 9, 2009 between the Plaintiff and the Defendant, which caused the instant provisional registration upon the expiration of the extinctive prescription period of the right to claim ownership transfer registration, as of January 8, 2010, the sales contract is deemed to have been concluded without the Defendant’s declaration of intent to complete the sales contract (Evidence 5). Thus, the Defendant’s right to claim ownership transfer registration against B on January 8, 2010, and the said right to claim ownership transfer registration expired after the lapse of the lapse of the ten-year period from January 8, 2020.
The defendant argues that since the defendant indirectly occupies each real estate listed in the separate sheet through B, the extinctive prescription of the above claim for ownership transfer registration shall not run, but there is no evidence to acknowledge this.
The Defendant appears to have filed a lawsuit seeking the registration of ownership transfer against B on November 21, 2019 with regard to each real estate indicated in the separate sheet (Evidence B No. 3 and 4). However, the cause of the claim is to seek the registration of ownership transfer due to the reinstatement of authentic title on the ground that the title trust agreement is null and void, and it is not a claim for the registration of ownership transfer based on the sales contract established on January 8, 2010. Thus, the Defendant cannot be deemed to have filed a lawsuit seeking the registration of ownership transfer based on the above sales contract.