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(영문) 대전지방법원 홍성지원 2018.12.12 2018가단374
가등기의 말소등기절차이행 등
Text

1. The Plaintiff:

A. Defendant B received on December 8, 1989, from the Daejeon District Court, Boan Office of Registry with respect to the area of 608 square meters prior to Boan-si C.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased 608 square meters prior to Bocheon-si, and completed the registration of ownership transfer on March 8, 198.

B. On December 8, 1989, the Daejeon District Court's Boan registry Office was received on the above land, and the provisional registration of the right to claim transfer of ownership was completed on the ground of the pre-sale agreement in the name of Defendant B (hereinafter "provisional registration of this case").

C. On July 24, 2012, Defendant Republic of Korea completed the attachment registration (Supplementary registration) regarding Defendant B’s right to claim the transfer of ownership based on the pre-sale agreement.

【Reasons for Recognition Gap’s Evidence No. 1, and the purport of the whole pleadings

2. Determination

(a) a right which would make the other party to a trade effective by declaring his/her intention of completion of the pre-contract for sale, that is, a right to conclude the pre-contract for sale and purchase, if any, is a kind of right to create the period of exercise between the parties, and if not, within 10 years of the establishment of the pre-contract, and the right to conclude the pre-contract for sale and purchase ceases to exist upon the lapse of the period of limitation;

B. (See, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003).

According to the above facts, Defendant B completed the provisional registration of this case based on the pre-sale agreement on December 8, 1989. Unless there is any evidence that Defendant B exercised the right to complete the pre-sale agreement, the right to complete the pre-sale agreement was extinguished by the lapse of the exclusion period around December 8, 1999, which was ten years after the date of the pre-sale agreement.

Therefore, since the provisional registration of this case is invalid registration, Defendant B is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff; Defendant B is obligated to execute the procedure for cancellation registration of the provisional registration of this case upon termination of the right to complete the sale reservation; and Defendant Republic of Korea seized the above right to claim transfer of ownership as a third party with a interest in the registration, and to accept

3. The plaintiff's claim of this case is reasonable.

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