beta
Text
1. The Defendant: (a) on September 28, 2005, filed with the Plaintiff the Daegu District Court Branching the Port of the Daegu District Court with respect to the Plaintiff’s 6,612 square meters of forest land in the Northern-gu, Northern-gu.
Reasons
1. Determination as to the cause of claim
A. In fact, the Defendant completed the provisional registration of the right to claim a transfer of the entire share on the ground of the pre-sale agreement made on September 27, 2005, No. 9042 of the receipt on September 28, 2005, with regard to the Plaintiff’s one-half share of the Plaintiff’s 1/2 share among the 6,612 square meters of the 6,012 square meters of land in the north-gu, Mapo-gu, Seopo-si
(A) Evidence 1. (b)
Judgment
In other words, the right to complete the pre-sale is a kind of right to make the other party express his/her intention of the completion of the pre-sale contract and to conclude the pre-sale contract in the unilateral pre-sale contract and to exercise the right within such period if the parties agree to exercise the right within such period, and within 10 years from the time when the pre-sale is made, if no such agreement is made, and the right to complete the pre-sale shall expire upon the lapse
(See Supreme Court Decision 94Da22682 delivered on November 10, 1995, etc.). The Defendant’s right to complete the purchase and sale reservation was terminated after the lapse of the exclusion period, as of September 27, 2015, when the ten-year period from September 27, 2005, which was September 27, 2005, which was the date of the pre-sale reservation, and as long as the exclusion period for the exercise of the right to complete the purchase and sale completion expires, the provisional registration of this case was invalidated upon the determination of the cause, and thus, the Defendant is obligated to cancel the provisional registration
(2) The Plaintiff argues that the provisional registration of this case is null and void since it did not have concluded a pre-sale agreement with the Defendant. However, even if recognizing the fact of the pre-sale agreement, it is apparent that the exclusion period for the exercise of the right to complete the purchase and sale should expire, so the Plaintiff’s claim is not examined separately.