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1. As to the Plaintiff, Defendant C, Defendant D, and Defendant D, with respect to the share of 3/9 of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On July 2, 2003, the Plaintiff entered into a pre-sale agreement with F to purchase and sell KRW 38,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is one’s own possession, and KRW 5,000,000 with respect to the instant real estate, as described in paragraph (1) of this Article, and completed the provisional registration of the right to claim ownership transfer as of July 3, 2003, as described in paragraph (1) of this Article.
B. The F died on January 12, 2016, and jointly inherited his/her property at the ratio of 3/9 shares, Defendant C, Defendant D, and Defendant E, who are his/her spouse, in proportion to 2/9 shares.
[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
(a) A right that may become effective as a result of sale by the purchaser’s other party with the intent to complete the sale and purchase, namely, a right to complete the sale and purchase promise, if it is a kind of right to create a right to complete the sale and purchase agreement between the parties, and if not, within 10 years after the establishment of the reservation, if any, or within 10 years after the establishment of the reservation, and if such a period has elapsed, the right to complete the reservation ceases to exist upon
(See Supreme Court Decision 200Da26425 Decided January 10, 2003, etc.). Since there was no separate agreement between the Plaintiff and F regarding the exercise period of the right to conclude the instant sales contract, the right to conclude the sales contract with respect to the instant real estate between the Plaintiff and F was extinguished upon the lapse of the limitation period, after the lapse of July 2, 2013, when the date of the promise to sell and purchase the instant real estate was ten years from July 2, 2003, the date of promise to sell and purchase.
Therefore, the Defendants, as F’s co-inheritors, are the Plaintiff, and Defendant B’s share in the instant real estate, and Defendant C, Defendant D, and Defendant E, as to the share in each of the instant real estate, respectively, the registration procedure for cancellation of the registration of the right to claim ownership transfer under paragraph (1) of the Disposition.