Procedures for cancellation of registration of transfer right claim

Termination after the expiration of the exclusion period of the right to the purchase reservation;

Seoul Eastern District Court 2016Kadan134656 For cancellation of provisional registration

Korea

BB

March 17, 2017

d. 31.20

1. The defendant will implement the procedure for the cancellation of the registration of the right to claim transfer of ownership, which was completed on May 29, 200 by the original district court of Chuncheon with respect to the real estate stated in the attached list, as to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

Cheongwon of the Gu

1. The details of the delinquent amount that the Plaintiff seized on the real estate listed in the attached list, which is the property owned by Nonparty CCC, are as follows:

2. In the unilateral promise for sale, the right which would make the other party of the pre-sale effective by expressing his/her intention of completion of the pre-sale, that is, the right to conclude the pre-sale is a kind of right to form and exercise within a certain period if the parties have agreed on the exercise period, and within 10 years from the time when the pre-sale was made, unless there is such an agreement, the right to conclude the pre-sale shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 200).

A. On May 29, 2000, Nonparty CCC entered into a pre-sale agreement with Defendant BB on the real estate listed in the separate sheet and completed the registration of ownership transfer claim based on the above pre-sale agreement on May 29, 2000.

B. The right to make a full resolution of the above sale has expired after the lapse of May 29, 2010, which was ten years from May 29, 2000, the above reservation date, and the limitation period has expired.

C. Therefore, the defendant's registration of the original state support by the Chuncheon District Court and the right to claim ownership transfer by the PPP should be cancelled.

3. Nonparty CCC is insolvent at present as follows.

4. Although Nonparty CCC had the right to claim cancellation registration against the Defendant, the Plaintiff still failed to exercise the right to claim cancellation registration against the Defendant, thereby filing the instant lawsuit in subrogation of Nonparty CCC as a tax claimant.