Since the right to conclude a pre-sale of provisional registration is extinguished for the expiration of the exclusion period of 10 years, a provisional registration holder has a duty to cancel provisional registration.

Since the right to conclude a provisional registration is extinguished after the lapse of 10 years from the date of the reservation, the provisional registration of this case shall be registered as invalid.

Article 93 of the Registration of Real Estate Act

2015 grouped 5299671 Cancellation of provisional registration

Korea

○ ○

October 14, 2016

November 25, 2016

1. The defendant will implement the procedure for the cancellation of the registration of the right to claim ownership transfer, which was completed on October 0, 1986 by the ○○ District Court ○○○○○ Branch ○○○○ Branch ○000 on the real estate stated in the separate sheet, to Nonparty Kim○○ [******************, ○○○○, ○○○○○○○○○○○○

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

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

The facts stated in the attached form of claim shall not be disputed between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in the evidence A 1 through 6.

2. Determination

According to the above facts, the right to conclude the provisional registration of this case has expired after the lapse of the exclusion period as of October 0, 1996, which was ten years from October 0, 1986, the reservation date, and the provisional registration of this case has expired. Thus, the provisional registration of this case is invalid.

Therefore, upon the plaintiff's request by subrogation, which is sought as a creditor of Kim○, who is in an insolvent condition, the defendant is obligated to cancel the provisional registration of this case to Kim○○.

The plaintiff's claim is justified, and this is accepted.