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1. As to the real estate stated in the attached list to the plaintiff, the defendant is the Daejeon District Court's Busan District Court's ASEAN Branch Office on 2001.
Reasons
1. Facts of recognition;
A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), on June 8, 2001, the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) was completed on June 15, 2001 with the ASEAN Branch Office of the Daejeon District Court as the defendant under the receipt No. 19536, Jun. 15, 2001.
B. On March 24, 2014, the Plaintiff completed the registration of ownership transfer by the Daejeon District Court No. 32395, which received on May 19, 2014, based on the sale due to a compulsory auction on the instant real estate as the grounds for registration.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination: The right that the other party to the purchase and sale becomes effective in the unilateral promise for the sale and purchase as provided in Article 564 of the Civil Act; the right that the other party to the purchase and sale and the so-called right to complete the purchase and sale, if the other party to the purchase and sale agree on the duration of the exercise; if no such agreement is made, it shall be exercised within the said period; if no such agreement exists, within 10 years from the time the reservation is made; and if the period expires, the right to complete the purchase
(2) The provisional registration of this case was completed on the ground of the pre-sale agreement with respect to the real estate of this case (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). However, as seen earlier, it is apparent that the Defendant’s right to the completion of the pre-sale agreement was extinguished against the exclusion period. Thus, the Defendant is obliged to cancel the provisional registration of this case to the Plaintiff.
The defendant borrowed money from C on four occasions from July 30, 2007 to December 26, 2008. On September 5, 2012, the defendant agreed between C and C to pay the above borrowed money and, if not, to transfer the provisional registration of this case. D, the owner of the real estate of this case, at the time, was the defendant's debt against C.