logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원거창지원 2016.05.17 2016가단528
가등기말소
Text

1. On January 24, 1975, the Defendant: (a) with respect to the Plaintiff’s 1,165 square meters of land in Changwon-gun, Chungcheongnam-gun; and (b) machinery, such as Changwon-gun, Changwon District Court Branch

Reasons

1. The Plaintiff, on January 20, 2005, purchased from D the entire 1,165 square meters (hereinafter “instant land”). On January 21, 2005, on the instant land, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff as to the instant land.

On the other hand, on January 24, 1975, prior to the sale of the instant land to D, the Defendant completed the registration of the right to claim transfer of ownership on October 7, 1974 on the instant land.

E died on December 26, 1980, and the defendant shall be the sole heir of E.

The right to conclude a pre-sale is a kind of right to form a contract and, if there is no such an agreement, shall exercise it within the period of time, or within 10 years from the time the reservation is made, and when such period expires, the right to conclude the pre-contract shall become extinct upon the lapse of the exclusion period.

Since it is apparent that 10 years have elapsed since the date of establishment of the reservation for the sale of this case, the defendant's right to conclude the reservation was extinguished by the lapse of the exclusion period.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the registration of the right to claim ownership transfer on the instant land by the Plaintiff.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

arrow