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(영문) 광주지방법원 2017.08.16 2017가단3975
소유권이전청구권가등기말소 등
Text

1. The Plaintiff:

A. As to the real estate listed in the separate sheet, Defendant B shall be registered with the Gwangju District Court on December 30, 1996.

Reasons

1. Facts recognized;

A. The Plaintiff is the owner who completed the registration of ownership preservation on August 21, 1995 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Defendant B completed the provisional registration of the right to claim ownership transfer (No. 63767, Dec. 30, 1996, which was received on December 30, 1996 from the Gwangju District Court, on the ground of the pre-sale agreement as of December 21, 1996, on the instant real estate (hereinafter “the provisional registration of this case”).

C. As to the claim for ownership transfer based on the provisional registration of this case, on April 20, 2006, the provisional attachment registration, which is the creditor's agricultural cooperative of Namnam-ju, was completed on July 4, 2007, and the provisional attachment registration, which is the creditor, the creditor, the National Agricultural Cooperatives Federation, and the limited company specializing in the security of

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

(a) a right which would become effective as a result of a trade by declaring the intention of completion of the trade reservation in the unilateral promise, that is, the right to conclude the trade reservation is a kind of right to form and exercise the exercise period between the parties, if any, within such period, and within 10 years from the time when the reservation is made, if there is no such an agreement, and the right to complete the trade is extinguished upon the lapse of such period;

B. (See, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003).

The provisional registration of this case was completed on December 21, 1996 on the ground of the pre-sale agreement. As seen above, the right to complete the pre-sale agreement became extinct on December 20, 2006, after the lapse of ten years from December 21, 1996, the date of the pre-sale agreement, due to the lapse of the exclusion period.

Therefore, the provisional registration of this case was extinguished.

(A) The Plaintiff and Defendant B were liable to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

Defendant B has filed the instant complaint.

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