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(영문) 수원지방법원 안산지원 2015. 06. 17. 선고 2015가단105049 판결
제척기간이 경과되어 소멸되었으므로 가등기는 말소되어야 함[국승]
Title

Since the exclusion period has expired, provisional registration shall be cancelled.

Summary

The right to complete the pre-sale agreement is extinguished after the lapse of the period of limitation on February 19, 209, which was ten years from February 19, 1999, which was the date of the pre-sale agreement. Therefore, the provisional registration of the right to claim the transfer of ownership should be cancelled.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2015 Mada 105049 Cancellation of provisional registration

Plaintiff

Korea

Defendant

Song AA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

June 17, 2015

Text

1. The defendant will implement the procedure for the cancellation registration of provisional registration of the right to claim ownership transfer, which was completed by the receipt OOO on February 19, 199 with respect to the real estate listed in the attached list to the non-party UB.

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

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: as shown in Appendix 1.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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