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The defendant shall receive the plaintiff on August 20, 198, received on August 20, 198, from Suwon District Court, No. 36860, with respect to the area of 49 square meters prior to Pyeongtaek-si.
Reasons
1. Facts of recognition;
A. On August 20, 198, the provisional registration of the right to claim ownership transfer under the Defendant’s name (hereinafter “the provisional registration of this case”) was completed on August 18, 198 on the ground of the receipt of the Suwon District Court’s Eunpyeong District Court’s receipt of KRW 36860, which was the ownership of the network D (hereinafter “the network”).
B. On December 23, 2019, the Plaintiff, as a child of the Deceased, completed the registration of ownership transfer based on inheritance by consultation and division on June 13, 2019.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. A right which shall have the effect of trade by declaring the other party to the contract for trade in the unilateral promise for trade in determining the cause of the claim, i.e., the right to complete the trade in advance, if the other party to the contract has agreed on the time limit for exercise between the parties, shall exercise the right within such time limit, and if no such agreement has been made, within 10 years from the time when the reservation was made, and the right to complete the trade in advance shall expire upon the lapse
(See Supreme Court Decision 200Da26425 Decided January 10, 2003, etc.). The Defendant completed the provisional registration of this case on the ground of the pre-sale agreement on August 18, 1988, as seen earlier. Thus, insofar as there is no evidence that the Defendant exercised the right to complete the pre-sale agreement, the above right to complete the pre-sale agreement was extinguished upon expiration of the exclusion period from August 18, 1998 on the date of the pre-sale agreement. Thus, the provisional registration of this case became null and void upon the termination of the right to complete the pre-sale agreement.
Therefore, the Defendant, as the owner of the instant real estate, is obligated to implement the procedure for the cancellation registration of the instant provisional registration.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.