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(영문) 부산지방법원 2018.06.05 2017가단318340
소유권이전등기
Text

1. The Defendant received on October 10, 2005 the Busan District Court received on October 10, 2005 No. 56319 with respect to real estate stated in the attached list from the Plaintiff.

Reasons

1. The plaintiff purchased the real estate listed in the separate sheet (hereinafter "the real estate of this case") on October 4, 2005 in the purchase price of KRW 45 million and completed provisional registration as of October 10, 2005, under the Busan District Court No. 56319, which was received on October 10, 2005, for the purpose of preserving the right to claim ownership transfer registration based on the purchase and sale promise, as of October 10, 2005. The defendant is the heir of C, who is the seller of the real estate of this case, as of July 12, 2007, and completed the registration of ownership transfer as of the real estate of this case under the Busan District Court No. 5538, Jan. 31, 2008.

According to the above facts, the defendant is obligated to perform the principal registration procedure of transfer of ownership based on provisional registration completed on October 10, 2005 by the Busan District Court No. 56319, which was completed on October 10, 2005.

2. On the determination of the Defendant’s assertion, the Defendant requested the Plaintiff to implement the principal registration procedure based on provisional registration, but failed to perform it, and on October 9, 2015, the extinctive prescription for the right to request the principal registration based on provisional registration was expired. However, upon the Defendant’s request to the Plaintiff for the implementation of the principal registration procedure, the extinctive prescription for the right to request the registration of ownership transfer was interrupted by the approval of the obligation. Furthermore, as long as the Plaintiff occupies and uses the instant real estate after the purchase of the instant real estate, the extinctive prescription for the right to claim the registration of ownership transfer is not in progress.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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