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1. The defendants' shares in the "shares subject to cancellation" in the attached Table 2 list among the real estate listed in the attached Table 1 list to the plaintiff.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is owned by the Plaintiff. Of the instant real estate, the “holder of the provisional registration” listed in the separate sheet No. 68918 of the Busan District Court’s Northern District Court’s receipt on December 1, 2000 and the “holder of the provisional registration” listed in the separate sheet No. 68918 was completed on November 30, 2000, such as the networkO, the Plaintiff’s sibling, etc. as indicated in the separate sheet No. 68918.
B. On January 15, 2014, the networkO died on May 4, 2002, and the network P died on May 4, 2002, and the “heir” in the attached Table 2 “heirs” inherited their respective property in proportion to their respective shares as indicated in the same list by Defendant Q, etc., his spouse or children.
[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings
2. Determination
A. In determining the cause of the claim, the right which would have the effect of sale by the other party to the pre-sale by expressing his/her intent of the completion of the pre-sale contract, that is, the right to complete the pre-sale contract, is a kind of right to form a contract and, if not, within such period, within 10 years from the date on which the pre-sale was made, and the right to complete the pre-sale shall be extinguished upon the lapse of the exclusion period.
(1) The provisional registration of this case on the ground of the pre-sale agreement constitutes a registration of invalidation without any cause, inasmuch as the right to complete the sale and purchase agreement of 1/14 shares of each of the instant real estate lapses after the lapse of the exclusion period on December 1, 2010, which was ten years from November 30, 2000, barring any special circumstance.
Therefore, the defendants are subject to cancellation of the attached Table 2 list among the real estate of this case.