logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.19 2016가단8599
가등기말소등기절차이행등기
Text

1. The defendant registers the Seoul Western District Court with respect to the portion of 22/1769 out of the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who donated shares 22/1769 (hereinafter “instant shares”) from C on June 17, 1992 among the real estate listed in the attached list, and completed the registration of ownership transfer under the Western District Court and the receipt No. 32536 on June 18, 192.

B. The Defendant is a person who completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) as of November 20, 1997, received on November 20, 1997 due to the trade reservation on November 17, 1997.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Since the limitation period for the right to complete the purchase/sale agreement with respect to the shares of this case has expired, the defendant is obligated to implement the procedure for the registration of cancellation of the provisional registration of this case to the plaintiff.

Even if the pre-sale was completed, the extinctive prescription of the right to claim ownership transfer registration with the Defendant was completed.If the provisional registration of this case is registered as collateral and the Defendant does not have the right to complete the pre-sale, the extinctive prescription of the claim for the provisional registration of this case, which the Defendant had, has expired, and the Defendant also has the obligation to implement

B. As of December 31, 1999, the date of the provisional registration of this case entered into by the Defendant at the time of the completion of the sale agreement, the contractor agreed to be deemed to have been completed as a matter of course on the said date without the Defendant’s declaration of intent to complete the sale, and thus, the limitation period of the right to complete the sale did not exceed the limitation period.

Therefore, the defendant has the right to claim the registration of transfer concerning the shares in this case. The defendant submitted a document confirming that he is the person entitled to a provisional registration of the land subject to urban planning according to the public announcement of the Mapo-gu E business (road) implementation plan by the head of Mapo-gu, and on March 2008, written consent on the establishment of the association and the contents of the improvement project to the

arrow