소유권이전청구권가등기 말소 청구
1. The defendant shall register each real estate listed in the separate sheet with the Seoul Eastern District Court as to the plaintiffs.
1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 4, and the purport of the whole pleadings);
A. H is co-owners (each of the shares in each of the instant real estate) of 806 square meters in Songpa-gu Seoul Metropolitan Government I road, J road, 50 square meters in J road, and 59 square meters in K road (hereinafter “each of the instant real estate”). As to each of the shares in the instant real estate, H completed the registration of the right to claim the transfer of each of the shares in the joint names of L, M, N, F, andO as of June 28, 1971 on the ground of the pre-sale agreement on June 25, 1971.
(B) The provisional registration in the name of F of the above provisional registration is “each of the instant provisional registrations” (hereinafter “the instant provisional registration”).
The Plaintiffs are heirs of H who died on October 27, 2002, and completed the transfer registration on November 4, 2013 on October 27, 2002 with respect to H’s shares among each of the instant real estates on the grounds of inheritance (ownership of shares 1/15, respectively).
C. On November 28, 2014, Seoul Family Court (hereinafter “Seoul Family Court”) rendered a judgment on appointment of G as an administrator of inherited property of the deceased F, who was an administrator of inherited property.
2. Determination:
A. According to the above facts, each of the provisional registrations of this case is found to have passed about 43 years from the time when the provisional registration of this case was made.
B. Where each provisional registration of this case is deemed a provisional registration for preserving the right to claim transfer of ownership based on the trade reservation on June 25, 1971 as stated in the registry of each real estate of this case, the right to complete the purchase and sale reservation pursuant to the trade reservation is a kind of right to form and sell, if the parties agree to exercise the period of exercise, and if there is no such agreement, it shall exercise it within 10 years from the time the reservation is established, and when the period of exercise expires, the right to complete the reservation becomes extinct upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 200Da26425, Jan. 10, 200), and in this case, there is no material to view that there was an agreement during the period of exercise as to the trade reservation on June 25, 1971. Thus, the right to complete the purchase reservation based on the trade reservation as of June 25, 197.