The procedure for cancellation registration of provisional registration of transfer right claim shall be implemented.

Unless otherwise agreed by the parties, the right to complete the reservation shall be made within ten years from the time the reservation is made, and the right to complete the reservation shall expire upon the expiration of the period of exclusion.

Civil Code § 564. [Unilateral Promise for Sale]

Suwon District Court and Senior Assistance 2018-Ga-73061 ( October 18, 2018)

Korea

AA

Pleadings without Oral Proceedings

April 18, 2018

1. The defendant will implement BB the cancellation registration file for the right to claim transfer of ownership completed under No. 22623 of the receipt of April 24, 2003 with respect to the real estate stated in the separate sheet by the Government District Court, the District Court, Yangyang-dong Office, the main registry office, etc.

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

The same shall apply to the order.

1.The indication of the claim: as shown in the reasons for the claim;

2. Judgment without any pleadings (Article 208(3)(1) and Article 257(1) of the Civil Procedure Act)

Grounds of Claim

1. Relationship between parties;

The plaintiff has a taxation claim against the non-party BB (hereinafter referred to as "B"), and the defendant AA (hereinafter referred to as "the defendant") made a provisional registration on April 24, 2003 under the receipt of No. 22623 of the real estate stated in the attached Table No. 1 and No. 12).

2. Existence of the preserved claim;

The plaintiff seized the real estate listed in the attached Table in order to collect the delinquent amount of BB, and the national taxes related thereto are as listed in the attached Table 1 as follows: (A)

3. Expiration of the exclusion period;

In the unilateral promise for sale, the right which shall become effective as a result of the other party’s expressing his/her intention of completion of the subscription for sale, i.e., the right to completion of the subscription for sale and purchase, if the parties have agreed to exercise the period of exercise as a right to form the date of sale and purchase, shall be exercised within such period, and if no such agreement has been made, within ten years from the time when the reservation was made, and the right to completion of the subscription shall be extinguished upon the lapse of the period of exclusion (Supreme Court Decision 200Da26425 Decided January 10, 203).

4. Insolvent of a debtor;

As of the date of filing a lawsuit, the active property of BB in the amount of KRW 00,000,000 shall be as specified in Table 2 below, but

The provisional registration date of the claim for transfer of ownership based on the reservation for sale of real estate recorded in the attached list

In the case of the establishment, it is impossible to repay through compulsory execution, and there is no self-performance.

On the other hand, BB's passive property is up to KRW 00,00,00 as shown in Table 2 below, and eventually BB is in a insolvent state in excess of positive property as of the filing date of the lawsuit (Evidence A No. 1, No. 2).

5. Exercise of rights by the defaulted taxpayer and exercise of rights by subrogation.

A. BB entered into a pre-sale agreement with the Defendant on April 24, 2003 with respect to the real estate listed in the separate sheet, and completed the registration of the right to claim the transfer of ownership based on the pre-sale agreement on April 24, 2003.

B. The registration of the right to claim ownership transfer under the above paragraph (a) of this Article has already ceased to have the right to complete the purchase agreement with the lapse of the exclusion period since the defendant did not exercise the right to complete the purchase agreement. Therefore, the defendant is obligated to cancel the registration of the right to claim ownership transfer on the real estate listed in the

C. As above, BB, a delinquent taxpayer, did not pay to the Plaintiff the amount in arrears of KRW 79,646,160 in the current insolvency status, and BB did not exercise the right to claim the cancellation following the lapse of the exclusion period of the registration. Therefore, the Plaintiff’s right to claim the transfer of ownership against the Defendant is inevitable to exercise the right of the delinquent taxpayer in order to preserve the tax claim against BB.

6. Conclusion

For this reason, the registration of the right to claim ownership transfer by the defendant's reservation on the real estate listed in the attached list shall be cancelled at the expiration of the exclusion period. The plaintiff has a tax claim against BB, and BB does not exercise the right to claim the cancellation of the provisional registration of the right to claim ownership transfer registration against the defendant, and the plaintiff has filed the lawsuit in this case to cancel the registration of the right to claim ownership transfer registration on the real estate listed in the attached list, such as the purport of the claim, by subrogation of

1) April 24, 2013, dated 10 years from April 24, 2003, the date of reservation to sell and purchase.