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(영문) 청주지방법원충주지원 2016.02.04 2015가단23201
가등기말소
Text

1. On July 24, 1998, the defendant shall make a voice registry office of the Cheongju District Court with respect to each real estate listed in the separate sheet to Nonparty B.

Reasons

1. Basic facts

A. B is in arrears with global income tax and value-added tax for up to 12 cases, and the base tax in arrears on May 26, 2015 reaches KRW 174,975,110.

B. On July 24, 1998, Cheongju District Court No. 15006 received by Cheongju District Court 1506, May 20, 1998, the registration of the right to claim transfer of ownership was completed with respect to each real estate listed in the separate sheet, which was owned by the Defendant.

(hereinafter referred to as “each real estate of this case” and the above provisional registration are different.

B There is no property other than each of the instant real estates.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The right that would become effective as a result of the other party’s declaration of intent to complete the sale and purchase reservation, i.e., the right to complete the sale and purchase reservation, if any, shall be a kind of right to form and exercise within such period, if any, or within 10 years from the time when the reservation is made, if no, and the right to complete the sale shall expire upon the lapse of such period;

In addition, the purpose of the exclusion period is to promptly determine the legal relationship by allowing the right holder to exercise his/her right as soon as possible. Unlike the effect of extinction due to the passage of a certain period and the non-exercise of the right, the passage of the period itself would bring about the effect of extinction of the right. Thus, the starting point of the progress of the period is when the right occurs in principle, and even if the parties have agreed specifically to exercise the right to complete the purchase and sale reservation, the exclusion period is terminated when the ten-year period has elapsed from the date of the initial right.

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