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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make a registration office for Suwon District Court's Ansan branch.
Reasons
1. Basic facts
A. On March 13, 2000, registration of preservation of ownership was made in the name of C Co., Ltd. (hereinafter “C”) on the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On March 2, 2000, the Defendant completed the provisional registration of the right to claim for transfer of shares, such as the written order, on the ground of trade reservation, with respect to the share of 11.33/81.3 of the instant real estate in the name of C (hereinafter “provisional registration of this case”).
C. On January 24, 2019, the Plaintiff completed the registration of ownership transfer for the entire real estate of this case on December 24, 2018.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The right to make a single-sale reservation is a kind of right to form a purchase and sale, if the parties agree to exercise the right within that period, and if there is no such an agreement, within 10 years from the date of establishment of the reservation, and the right to make a single-sale reservation expires upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003). The same applies to the right to make a settlement of accord and satisfaction made for the purpose of collateral for a claim.
(See Supreme Court Decision 97Da12488 delivered on June 27, 1997). The purpose of the exclusion period is to promptly determine legal relations by allowing a right holder to exercise his/her right promptly. Unlike the effect of the extinguishment of a right due to the passage of a certain period and the non-exercise of a right, the passage of the period itself brings about the effect of the extinction of a right. Thus, barring any special circumstance, the starting point of running the period is when the right occurs in principle, and the exclusion period is the initial right even if the parties have agreed specifically to exercise the right to complete the contract as above.