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(영문) 서울중앙지방법원 2017.05.16 2016가단5253405
가등기말소
Text

1. The defendant received on August 9, 2004 from the registry office of the Seoul Central District Court with respect to the real estate stated in the attached list from the plaintiff.

Reasons

1. The facts of recognition B, on October 4, 2001, acquired the share of real estate listed in the separate sheet (hereinafter “the share of this case”) through a public auction, and completed the registration of share transfer on September 6, 2002.

Although the defendant purchased the shares of this case from B around May 3, 2003 in KRW 132,00,000, the transfer registration could not be completed due to the problem of farmland acquisition qualification.

Accordingly, the Defendant agreed with B that “all necessary documents for the transfer of ownership shall be issued at any time as provided by the legal requirements” (hereinafter “instant agreement”) and completed provisional registration as stated in the Disposition No. 1 of August 9, 2004.

B is delinquent in the comprehensive income tax as of October 11, 2016 as follows, and the head of the tax office at the beginning of the tax office at issue completed the attachment registration procedure on the same day as of August 28, 2013 for the shares of this case in this case as of August 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The instant agreement is a unilateral promise for sale, inasmuch as the Defendant’s right to demand that B provide documents necessary for the transfer of ownership at any time, namely, the Defendant’s trade agreement holding the right to full completion of the reservation, and thus constitutes a unilateral promise for sale.

The right to complete reservation in the unilateral reservation for sale is a kind of right to form a contract and, if there is no such agreement, it shall exercise the right within ten years from the time of establishment of the reservation, and if there is no such agreement, it shall exercise it within ten years from the time of establishment of the reservation, and the right to complete the reservation shall expire after the lapse of the exclusion period, and shall not be interrupted as long as the exclusion period expires.

(2) In light of the above legal principles, the Defendant did not exercise the right to complete the reservation based on the instant trade reservation with B on May 3, 2003, since the Defendant did not exercise the right to complete the reservation on May 3, 2013, when ten years have elapsed since May 3, 2003, which entered into the instant trade reservation with B. Thus, the Defendant did not exercise the right to complete the reservation on the basis of the instant trade reservation.

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