The date of completion of the trade reservation shall comply with the terms and conditions of the contract.

As to the pre-sale contract, when the date of completion of the sale and purchase contract has been designated and the date of completion has passed, it shall be considered that the sale has been completed naturally.

2016 Gaz. 24847 Provisional Registration Cancellation, etc.

○ ○

1. ○○, 2. The Republic of Korea;

November 18, 2016

December 16, 2016

1. As to each real estate listed in the separate sheet, Defendant ○○○ shall implement the procedure for the cancellation of the registration of the right to claim transfer of ownership, which was completed as of July 19, 2013 by the Busan District Court Branch of Dong Branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch

2. The plaintiff's claim against the defendant Republic of Korea is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant’s Du○○○ is borne by the said Defendant, and the part arising between the Plaintiff and the Defendant’

Cheong-gu Office

As stated in Paragraph (1) of this Article, with respect to the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case"), the defendant Republic of Korea shall express his/her intention to accept the registration of cancellation of the provisional registration for transfer of ownership as stated in Paragraph (1) of

1. Basic facts

A. On July 19, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer registration (hereinafter referred to as the “provisional registration of this case”) on the ground of the pre-sale agreement as of July 16, 2013 with regard to the instant real estate to Defendant ○○○ on the ground of the pre-sale agreement as of July 16, 2013.

B. On October 21, 2013, Defendant Republic of Korea attached the right to claim the registration of transfer of ownership pursuant to the above purchase and sale reservation on the ground that Defendant ○○○○ was delinquent in national taxes, and following the attachment, the provisional registration of this case was completed on November 4, 2013.

[Reasons for Recognition]

○ between the Plaintiff and Defendant 1: Confession

○ between the Plaintiff and the Defendant Republic of Korea: Facts without dispute, entry of Gap evidence 1-1-2, and Eul evidence 1-2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion

At the time of the promise to sell and purchase the instant case, Defendant ○○○ was required to prepare for a time until the date of the promise to sell and purchase the instant case, and the date of the completion of the promise to sell and purchase between the Plaintiff and Defendant ○○○○○○. Defendant ○○ did not exercise the right to make a reservation completion, and the right to make a reservation completion expires upon the lapse of the period. As such, Defendant ○○ is obligated to cancel the provisional registration of this case. Defendant ○○ has to express his/her intention to accept the cancellation registration of the provisional registration of this case.

B. Determination on the claim against Defendant Ma○○

Defendant Ma○○ does not clearly dispute the Plaintiff’s assertion because he did not appear on the date of pleading without being present at the due date of pleading, even after being notified of the date of pleading by public notice, and did not submit written answers and other preparatory documents, and thus, he is deemed to have led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act. Therefore, Defendant Ma○○ is liable to implement

C. Determination on the claim against Defendant Republic of Korea

There is no evidence to acknowledge that the exercise period of the right to complete the purchase and sale agreements between the Plaintiff and Defendant ○○○ at the time of the instant promise to sell and purchase was set at one year from the date of the reservation. Rather, according to the evidence No. 2-2 and evidence No. 3-2, Article 2 of the instant reservation to sell and purchase “Article 2 of the instant reservation to sell and purchase” can only be recognized as having been set at July 2013, and upon the expiration of the said date, it shall be deemed as having been completed as a matter of course without the Defendant ○○○○’s declaration of intention to complete the sale. Therefore, the above assertion is without merit.

3. Conclusion

Thus, the plaintiff's claim against the defendant Ma○○ is justified, and the claim against the defendant Ma○○ is dismissed as there is no ground.