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(영문) 인천지방법원 2018.06.21 2016가단243619
가등기말소
Text

1. The Defendant’s acquisition intervenor shall have the Jeonju District Court’s office of registration with respect to the size of 2496 square meters prior to Jeon Chang-gun, Jeon Chang-gun.

Reasons

1. The parties' assertion

A. The right to conclude a pre-sale agreement, which is the cause of the provisional registration of the Plaintiff, has expired ten years after the lapse of the exclusion period from March 23, 191, which was the date of the pre-sale, or the right to claim ownership transfer registration expired after ten years after the lapse of ten years since the expiration of the exclusion period from the date of the pre-sale, or even if the pre-sale agreement was not rescinded by a specific date, the right to claim ownership transfer registration was established in 191 to the date of the pre-sale, which was 192.

The provisional registration of this case shall be cancelled as the exercise of the Plaintiff’s right to claim exclusion of interference based on ownership.

B. The supplementary registration of the transfer of provisional registration to the defendant was completed, and as such, the plaintiff cannot respond to the plaintiff's claim because it was cancelled by a final judgment.

C. At the time of the purchase of the instant land by the Defendant-acquisition Intervenor, the Defendant-based Intervenor entered into a contract on the condition that the principal registration was made after the land category was changed to a site that can be acquired by the general public, but the period of exclusion and the period of extinctive prescription should begin from the time of the change of land category since the period of exclusion and the period of extinctive prescription should begin after the change of land category, since the Plaintiff’s request cannot be

2. Facts of recognition;

A. On March 9, 1991, the Defendant Intervenor purchased the instant land from E in KRW 120,80,000,000, and the seller prepared a contract that, after establishing a provisional registration by sale on the outstanding payment date, the seller is not obliged to provide the buyer or the purchaser with the transfer documents required for this registration without delay after the establishment of the provisional registration by sale on the outstanding payment date.

B. On March 23, 1991, E completed the provisional registration of this case on the ground of the pre-sale agreement made on March 22, 1991 to the Defendant Intervenor for the acquisition of the instant land.

In the case of the provisional registration of this case, there is no cancellation of the pre-sale agreement by December 30, 1991.

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