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(영문) 부산지방법원 2016.01.26 2015가단48357
가등기말소등기절차이행청구등
Text

1. The Plaintiff:

A. The defendant B is the Busan District Court's Busan District Court's registry office on March 2005 with respect to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On March 21, 2005, Defendant B completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) under the Busan District Court’s Busan District Court’s receipt No. 13014 on March 22, 2005 on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

B. Defendant Republic of Korea seized Defendant B’s right to claim for ownership transfer registration based on the provisional registration of this case on December 7, 2010, when Defendant B defaulted on tax, and the provisional registration of this case was completed as to the instant real estate as Busan District Court’s Busan District Court’s receipt of December 7, 2010, and as to the provisional registration of this case, the provisional registration of this case was completed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the claim against the defendant B

(a) The right that would become effective as the other party to the purchase and sale by expressing his/her intention of completion of the purchase and sale reservation, i.e., the right to conclude the purchase and sale reservation, if it is a sort of right to form and exercise period between the parties, and if there is no such an agreement, it shall be exercised within 10 years after the establishment of the reservation, and if there is no such agreement, the right to complete the reservation shall be extinguished upon the lapse of the exclusion period, and shall not be interrupted during the exclusion period, such as extinctive prescription.

B. As to the instant case in which there is no evidence to prove that the period for exercising the right to complete purchase and sale under the instant reservation was agreed upon, the Health Council held that the right to complete sale and purchase of the instant case was the date of reservation on March 21, 2005, and that the lapse of March 21, 2015, which was ten years from the date of reservation, is apparent, and thus, the limitation period has expired.

Therefore, the provisional registration of this case concerning the real estate of this case is considered invalid registration.

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