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(영문) 서울동부지방법원 2019.04.10 2018가단135707
가등기말소
Text

1. The defendant shall pay to the plaintiffs 61.69/192 of each of the real estate listed in the separate sheet.

Reasons

1. In full view of the purport of evidence No. 1-1-3 of the judgment as to the cause of the claim, the plaintiffs are the owners of each real estate listed in the separate sheet, and the plaintiffs are the owners of each real estate listed in the separate sheet, and the fact that the provisional registration of the right to claim ownership transfer (hereinafter "each provisional registration of this case") was completed on July 9, 1975 with respect to shares of 61.69 percent (E share; hereinafter "each real estate of this case") among each real estate listed in the separate sheet as stated in the separate sheet was completed on July 9, 1975 by the Seoul Eastern District Court received on July 9, 1975.

In the unilateral promise for sale under Article 564 of the Civil Act, the right which shall have the effect of sale by the other party to the promise for sale and purchase, i.e., the right to complete the sale and purchase promise, if there is an agreement between the parties as a kind of right to form a contract and to complete the sale and purchase promise, shall exercise it within the period of time, and if there is no such agreement, within 10 years from the time the reservation is made, and the right to complete the sale and purchase shall expire upon the expiration of the period of limitation. According to the above facts of recognition, the right to complete the sale and purchase of each real estate in this case shall be extinguished upon the lapse of the period of limitation. Thus, the defendant's right to complete the sale and purchase becomes extinct upon the lapse of the period of limitation, barring any special circumstance. Thus, the defendant is obligated to implement the procedure for registration of cancellation

2. In conclusion, the plaintiffs' claim is justified and it is so decided as per Disposition.

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