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The Defendants, on November 1, 1984, filed a registration with the Daegu District Court for a 256.5 square meters on the Daegu-gu K-ro 256.5 square meters and filed a registration with the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) L is a 256.5m2 (hereinafter “instant land”) on April 14, 1971, Seogu-gu, Daegu District Court Decision 256.5m2 (hereinafter “instant land”).
(B) On November 3, 1984, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was made on the ground of M, Defendant B, C, D, and E’s promise to trade the same date by the Daegu District Court No. 7165, Nov. 3, 1984 (hereinafter “instant provisional registration”).
(2) M was killed on July 8, 2004, prior to the filing of the instant lawsuit, and Defendant F, G, H, I, and J are co-inheritors.
3) On December 12, 2006, the Plaintiff concluded a sales contract for the instant land with L on December 12, 2006, and completed the registration of ownership transfer in its name on December 13, 2006. [The fact that there is no dispute over grounds for recognition, entry of Gap evidence No. 1, and the purport of the whole pleadings
B. Determination 1) In addition, in light of the legal principles as seen earlier, the provisional registration should be invalidated if the right to complete the sale and purchase becomes effective when the other party to the pre-sale expresses his/her intention to complete the sale and purchase, namely, the right to complete the pre-sale agreement is a kind of right to create the pre-sale agreement, within a certain period if the parties agree to exercise the period, and within 10 years from the time when the pre-sale agreement is made, if any, and the right to complete the sale and purchase is extinguished upon the lapse of the period of exclusion (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). In addition, in cases where the pre-sale agreement was completed on the basis of the pre-sale agreement on real estate, if the right to complete the sale and purchase expires (see, e.g., Supreme Court Decision 2009Da4787, May 28, 2009).
M, Defendant B, C, D, and E are within 10 years from the date of the signing of the above reservation.