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(영문) 광주지방법원해남지원 2016.05.03 2015가단3461
가등기말소등기절차 이행청구
Text

1. On April 2, 1988, the Defendants filed with the Plaintiff with respect to the real estate stated in the attached list of the Gwangju District Court.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by I.

B. On April 2, 1988, as to the instant real estate, the registration of the right to claim transfer of ownership was completed on the ground of “sale reservation on March 30, 1998,” which was issued by the Gwangju District Court No. 3460, Gwangju District Court’s receipt of the Dondo registry office,”

hereinafter referred to as the "provisional registration of this case"

(C) The Plaintiff purchased the instant real estate from I on July 10, 1990, and the registration of ownership transfer was completed on August 6, 1990 with respect to the instant real estate. D. The J died on May 7, 2012, and the Defendants habitually or by succession to J. [Defendant B, C, D, and H: the fact that the Plaintiff is deemed to have been dead, and that there was no dispute, the entry in the evidence No. 1 and No. 2, and the purport of the entire pleadings, as a whole.

2. The right which shall have the effect of sale by the other party to the reservation for sale and purchase in the unilateral promise for sale and purchase as to the cause of the claim, that is, the right to conclude the reservation is a kind of creation right which shall have the effect of sale and purchase by the other party to the reservation, if any, within such period, and within 10 years from the time the reservation is made, if there is no such an agreement, and the right to conclude the reservation shall be extinguished upon the lapse of the exclusion period, and may not be interrupted during the exclusion period, such as extinctive prescription;

(See Supreme Court Decision 200Da26425 delivered on January 10, 2003) According to the above facts, the right to complete the purchase and sale reservation of J, which is the ground for registration of the provisional registration of this case, was extinguished by the lapse of the exclusion period, since it is apparent that the right to complete the purchase and sale reservation of this case was ten years after March 30, 198, the date of the reservation.

Therefore, since the right to the provisional registration of this case remains no longer, the provisional registration of this case is to be cancelled.

Ultimately, the defendants who inherited J shall register cancellation of the provisional registration of this case to the plaintiff.

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