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(영문) 수원지방법원 2017.09.12 2016가단543446
소유권이전등기
Text

1. The defendant shall accept on May 16, 2005, the registration office of Changwon District Court with respect to the land size of 678 square meters for the plaintiff at the time of pool-si.

Reasons

1. Basic facts

A. The Defendant is the owner of the instant real estate, which completed the registration of ownership transfer under the name of the Defendant under the receipt No. 24259 on June 29, 1995, with respect to the land of Changwon District Court 678m2 (hereinafter “instant real estate”) on July 1, 1980, based on donation on July 1, 1980.

B. On May 10, 2005, a pre-contract was drafted to the effect that the Defendant and the Plaintiff promised to sell the instant real estate at KRW 8 million, and the date of the completion of this contract was decided on May 10, 2006 in the same pre-contract.

The provisional registration of the right to claim ownership transfer of the Plaintiff was completed on May 16, 2005, which was received on May 16, 2005 by the Changwon District Court through the common support of the Changwon District Court.

C. The plaintiff is the spouse of D.

Defendant and D are siblings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Pursuant to Article 2 of the Preliminary Agreement for Sale and Purchase of the instant real estate (Evidence No. 2), the instant sales promise was concluded without any separate declaration of intention, and thereafter, the Plaintiff occupied the instant real estate, and the Defendant is obliged to implement the procedure for ownership transfer registration based on the provisional registration of this case.

B. The Defendant’s right to the full reservation based on the provisional registration of the instant case expired more than ten years after the lapse of the exclusion period.

Even if the completion of the instant purchase and sale reservation was considered on May 10, 2006, the Defendant’s right to claim for ownership transfer registration has expired ten years after the lapse of ten years.

3. Determination

(a) the right to make a reservation shall be exercised within 10 years from the time when the reservation was made, unless otherwise agreed by the parties on the duration of the award, and shall be extinguished upon the lapse of that exclusion period;

According to Gap evidence No. 2, "The date of completion of the sale and purchase reservation of this case" in Article 2 of the contract for the purchase and sale reservation of this case shall be May 10, 2006.

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