가등기말소
1. The defendant is the Chuncheon District Court with respect to each share of 6855/21939 among the real estate listed in the separate sheet to the plaintiff.
1. The non-party C was the co-owner (the share ratio of 685/21939) of the Gangwon-do forest land D 21,939 square meters (hereinafter “instant land before the instant partition”).
On August 16, 2000, the above C completed the provisional registration of the right to claim the transfer of all shares on the land (hereinafter “the provisional registration of this case”) against the Defendant on August 10, 2000, by the Seocheon District Court, Seocheon District Court, Pyeongtaek Branch Office, which was received on August 16, 200.
On November 9, 2015, the instant land was divided into 13 parcels of land, including each land listed in the separate sheet (hereinafter “each of the instant land”). The Plaintiff, a co-owner of the land prior to the division (the share ratio of 5484/21939) was entitled to own all the shares of each land listed in the separate sheet Nos. 1 through 3 according to the division of the said jointly owned property. On December 28, 2015, the Plaintiff purchased each of the instant land from Nonparty E, who is the owner of each land listed in the separate sheet No. 4 and paragraph (5) of the same list, and completed the registration of ownership.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings
2. The right to make the other party to the purchase and sale effective by expressing his/her intent of the completion of the purchase and sale reservation in the unilateral promise for the determination of the cause of the claim, that is, the right to complete the sale and purchase reservation, if the parties agree to exercise the right within such period, and if there is no such agreement, within 10 years from the date of the establishment of the reservation, and the right to complete the reservation upon the expiration of such period, shall be extinguished by the lapse of the exclusion period.
(1) The Defendant’s right to complete the purchase and sale of each of the instant lands is extinguished after the lapse of the exclusion period on August 11, 2010, when ten years from August 10, 200, the reservation date, barring any special circumstance, on the following grounds: (a) the Defendant’s right to complete the purchase and sale of each of the instant lands 6855/21939, out of each of the instant lands ; and (b) the said right to complete the purchase and sale of each of the instant lands 685/21939, barring any special circumstance.