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(영문) 수원지방법원평택지원 2015.11.19 2015가단3698
소유권이전가등기말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The provisional registration for preserving the right to claim for transfer registration of ownership (hereinafter “the provisional registration of this case”) was completed in the name of the defendant, from the Songwon District Court, No. 23866, Sept. 15, 2001, which was received on September 15, 2001, based on the purchase and sale reservation (hereinafter “instant purchase reservation”) with respect to Pyeongtaek-si C 270.3 square meters (hereinafter “the instant real estate”).

B. After the provisional registration of this case, the Plaintiff completed the registration of ownership transfer on November 24, 2008 with respect to the land of this case on December 12, 2008 and acquired ownership.

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

2. The Plaintiff’s assertion concluded the instant reservation with D, the former owner of the instant real estate, and the Defendant did not exercise the right to complete the reservation so that the exclusion period of 10 years from the date of the instant reservation, thereby extinguishing the said right to complete the reservation.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff, who is the owner of the land of this case.

3. The right which would become effective as a result of the other party’s declaration of the completion of the contract for sale and purchase in the unilateral promise for sale and purchase, that is, the right to conclude the contract for sale and purchase is a kind of right to form and exercise within such period, if any, and within 10 years from the time of the establishment of the contract, if there is no such agreement, and the right to complete the contract shall expire after the lapse of the exclusion period;

(1) In the event that a pre-sale agreement is concluded on September 14, 2004, the date when the pre-sale agreement is concluded is set as of September 14, 2004, and the pre-sale agreement is completed naturally without the Defendant’s declaration of intent to complete the pre-sale agreement.

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