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(영문) 창원지방법원밀양지원 2019.05.21 2018가단13648
가등기말소
Text

1. The Plaintiff:

A. Defendant C Co., Ltd.: (a) on June 1, 2006, with respect to the size of 1,319 square meters prior to Yangyang-si Co., Ltd.

Reasons

1. Facts of recognition;

A. On November 25, 2004, the Plaintiff completed the registration of transfer of ownership based on sale on the same day with respect to 1,319 square meters (hereinafter “instant real estate”) before Seoyang-si D on the same day.

B. On June 14, 2006, Defendant C Co., Ltd (hereinafter “Defendant C”) completed the provisional registration of the right to claim the transfer of ownership based on the pre-sale agreement (hereinafter “the provisional registration of this case”) on June 13, 2006.

C. On September 8, 2010, Defendant C completed the seizure registration regarding Defendant C’s right to claim the transfer registration of ownership.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

(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, the provisional registration of this case was completed by Defendant C on June 13, 2006 on the ground of trade reservation, and thereafter, Defendant C exercised the right to complete the trade reservation, the said right to complete the trade reservation was extinguished by the lapse of the exclusion period on June 13, 2016, unless any evidence exists to deem that Defendant C exercised the right to complete the trade reservation.

Therefore, since the provisional registration of this case is null and void, the defendant C is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the plaintiff, and as long as the provisional registration becomes null and void due to the termination of the right to complete the sale reservation, the defendant C has an interest in the registration.

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