매매예약 가등기 말소 시기[국승]
Time of cancellation of provisional registration of sale
The right to conclude a pre-sale shall, if any, be exercised within the period of the exercise, if any, or within ten years from the time when the reservation is made, unless there is such an agreement, and the right to conclude the pre-sale shall expire upon the lapse of the exclusion period.
Civil Code § 564. One-way reservation for sale
Cheongju District Court 2018Kadan21735
Korea
AA and 1
March 20, 2019
April 10, 2019
1. The Defendants will implement the procedure for the cancellation of the provisional registration of the right to claim ownership transfer, which was completed under No. 21419 on November 30, 1998, with respect to each real estate listed in the separate sheet, to BB as to each real estate listed in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claim;
Attached Form 2 is as shown in the cause of the claim.
2. Applicable provisions;
(a) Defendant AA: Article 208(3)2 of the Civil Procedure Act and Article 150(3) (a) of the Civil Procedure Act
(b) Defendant CCC: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)
Cheongwon of the Gu
1. Relationship between parties;
The plaintiff is the tax creditor of the non-party BB (hereinafter referred to as "BB"), and the defendants have the provisional registration of the right to claim ownership transfer on the real estate stated in the separate sheet.
2. Seizure of the Plaintiff’s real estate
The plaintiff seized the real estate listed in the attached list to collect the delinquent tax of the non-party BB, and the total amount of national taxes related thereto is 328,128,590. (A)
3. Expiration of the exclusion period;
In the unilateral promise for sale, the right of the other party to the promise to make the trade effective by expressing his/her intention of the completion of the trade promise, i.e., the right to conclude the trade promise, if it is a sort of right to form and exercise period between the parties, shall exercise it within such period, and if there is no such an agreement, within 10 years from the time of its establishment, and upon the expiration of such period, the right to conclude the reservation shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 200).
4. Insolvent of BB;
As of the date of the filing of the lawsuit, BB’s active property is not sufficient to repay due to the establishment of the provisional registration of the right to claim ownership transfer based on the purchase and sale of the real estate evidence No. 2, and due to the establishment of the provisional registration of the right to claim ownership transfer based on the purchase and sale of the real estate evidence No. 2, and BB is in insolvent.
5. The exercise of rights and the exercise of rights by subrogation by BB; and
A. On November 27, 1989, Nonparty DD entered into a pre-sale agreement with the Defendants on the real estate stated in the attached list, and on November 30, 1989, the Defendants completed the registration of ownership transfer claim based on the pre-sale agreement.
B. Nonparty DD entered into a sales contract with BB on 06.07.07. 07. 07 and transferred ownership to BB on 06.08. 08. 201.
C. The registration of the right to claim ownership transfer under paragraph (a) above has already ceased to have the right to complete the purchase and sale reservation due to the expiration of the period of limitation that the Defendants did not exercise the right to complete the purchase reservation. Therefore, the Defendants are obliged to cancel the registration of the right to claim ownership transfer on the real estate stated in the separate sheet by way
C. As above, BB, a delinquent taxpayer, does not exercise his right against the Defendants (the right to claim for the cancellation of the provisional registration of ownership transfer), so the Plaintiff is not satisfied with the taxation claims of KRW 331,406,530 up to now and intends to exercise in subrogation the delinquent taxpayer's right to preserve the preserved claim.
6. Conclusion
As above, the registration of the right to claim ownership transfer by the defendant's reservation on the real estate listed in the attached list shall be cancelled at the expiration of the exclusion period. The plaintiff has a tax claim against BB, and BB does not exercise the right to claim the cancellation of the provisional registration of the right to claim ownership transfer registration against the defendants. In order to satisfy the tax claim against BB, the plaintiff filed the lawsuit in this case to implement the cancellation registration of each right to claim ownership transfer registration on the real estate listed in the attached list, such as the purport of the claim.