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(영문) 광주지방법원순천지원 2015.05.07 2015가단70321

가등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 3, 2004, the Defendant entered into a pre-sale agreement with B on each real estate listed in the separate sheet (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by the Gwangju District Court No. 23344 on the same day.

Article 1 Section A and B shall make up for sale and purchase of the real estate owned by Party A at KRW 16 million.

Article 2 Section B pays 3.2 million won as the deposit money of this reservation to Party A, and Party A receives this money in full.

Article 3. The date of completion of the trade reservation shall be August 2, 2005 and shall be deemed to have been completed as a matter of course without the declaration of the intention of completion of the trade "B" upon the expiration of the above date.

When the sale and purchase has been completed pursuant to Article 4 (3), a sales contract for the above real estate between Gap and Eul shall be concluded, and Gap shall receive the remainder after deducting deposit money referred to in Article 2 from the price referred to in Article 1, and simultaneously shall carry out the procedure for registration of ownership transfer due to the sale and purchase of the above real estate to Eul and deliver and order the above real estate.

Article 5 Section A shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the said real estate.

Expenses for application for registration, registration tax, etc. shall be borne by A.

B. The main contents of the instant trade reservation are as follows.

(A) “A” refers to “B”, “B”, and “B” refers to “Defendant” as the seller, and “B” refers to “Defendant” as the purchaser. [Grounds for recognition] without dispute, Gap evidence 1 and 2 (including each number), Eul evidence 1 and Eul evidence 1, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. On August 3, 2004, the Plaintiff’s right to conclude the instant purchase and sale was extinguished around August 3, 2014 because the Defendant did not exercise any right until ten years have passed since the Defendant entered into the instant purchase and sale reservation.