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(영문) 서울동부지방법원 2016.04.08 2015가단43715
가등기에 기한 소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts the legitimacy of the lawsuit of this case as the cause of the claim of this case.

ex officio, the right to complete the reservation shall be extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 91Da44766, Jul. 28, 1992). However, even according to the Plaintiff’s assertion, the Plaintiff entered into a promise to complete the sale and purchase of the goods with the intention of completing the sale and purchase thereof on Nov. 23, 2002 and the right to complete the sale and purchase thereof within a certain period of time, if there is no such agreement between the parties, and within 10 years from the establishment of the promise, if there is no such agreement, the other party shall exercise the right to complete the reservation within the said period of time, and even if the other party takes over the real estate which is the object of the reservation, the right to complete the reservation shall be extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 91Da4766, Jul. 28, 192). 202; thus, the Plaintiff had the right to participate in the above provisional registration within 2010 years thereafter.

Thus, the lawsuit of this case is dismissed as unlawful.

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