The registration of the right to request transfer of ownership in this case is void because the limitation period of the right to request transfer of ownership in this case is expired as the limitation period of the right to complete the purchase and sale, and thus

Since the sales reservation of this case, which is the cause of provisional registration of the right to claim ownership transfer of this case, lost its effect due to the extinction of the right to complete sale, the defendant Republic of Korea, who completed the attachment registration based on the above provisional registration, is a third party with a interest in the registration, has a duty to express his/her consent to the cancellation registration

2013dan5152396 Registration of ownership transfer

Seoul Guarantee Insurance Co.

1. SongA (******************))

2. Korea;

June 27, 2014

July 18, 2014

1. The defendant Songcheon District Court completed on October 31, 2000 by receipt No. 15900 on the non-party 2 (****************) with respect to the 17,253 square meters of OO-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O

2. Defendant Korea, to Nonparty B, expressed its intention to accept the registration of cancellation of the provisional right to claim ownership transfer, which was completed by the Hongcheon District Court No. 15900 on October 31, 2000, pursuant to paragraph (1) with respect to the real estate stated in paragraph (1) to Nonparty B.

3. The costs of lawsuit shall be borne by the Defendants.

The same shall apply to the order.

1. Basic facts

A. Plaintiff’s credit against Nonparty 1B

1) On October 8, 2002, the Plaintiff filed a claim for reimbursement against Nonparty B with Seoul District Court Decision 2002Da22494, and rendered a judgment on October 8, 2002 that “B shall pay to the Plaintiff the amount of KRW 000 and the amount of KRW 21% per annum from July 30, 1992 to the date of full payment” with respect to KRW 200 and KRW 000, which became final and conclusive on November 30, 2002.

2) The Plaintiff’s claim against Nonparty JejuB is KRW 000 as of October 24, 2013.

B. Circumstances after the reservation to sell and purchase the real estate described in Paragraph 1 of the Disposition between the StateB and the Defendant Song-A (hereinafter referred to as “instant real estate”).

1) On September 6, 200, Nonparty B entered into a reservation with Defendant Songcheon-si, Hongcheon District Court, Hongcheon-si, 15900, which received on October 31, 200, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of the right to claim ownership transfer of this case”) was completed on September 6, 200.

2) On February 1, 2011, Defendant Republic of Korea completed the registration of seizure on the provisional registration of the right to claim ownership transfer of this case.

C. The non-party B, who is insolvent by the non-party BB, owns the share of 4/35 of the 36-5 forest land in Ansan-dong, Ansan-dong, Ansan-dong, Ansan-dong, and 4/35 of the 100 square meters of the 38 forest land and 10,314 square meters of the 38 forest land and 10,314 square meters. In addition to the real estate in this case, if the value is calculated based on the officially announced value of each real estate in addition to the real estate in this case, the amount of 0

[Ground of recognition] The facts without dispute; Gap evidence 1-2, Gap evidence 2-3, Gap evidence 4-1 and 2-2; the purport of the whole pleadings as a result of fact inquiry by the Ministry of Land, Infrastructure and Transport

2. Determination on the cause of the claim

A. In the unilateral promise for sale and purchase, the right to complete the sale and purchase agreement, namely, the right to complete the sale and purchase agreement, if the other party expresses his/her intent to complete the sale and purchase agreement and has agreed on the exercise period as a kind of right to complete the sale and purchase agreement between the parties, and if there is no such agreement, it shall be exercised within 10 years from the date of establishment of the agreement, and if there is no such agreement, the right to complete the sale and purchase agreement shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 200). (b) According to the above facts, there is no evidence to prove that the pre-sale agreement was concluded on September 6, 200, and there is no evidence to prove that the period of exercise of the right to complete the sale and purchase agreement based on the pre-sale agreement had already been ten years elapsed from September 6, 200, the right to complete the sale and purchase agreement was extinguished by the lapse of the exclusion period.

Therefore, since the instant promise, which is the cause of the provisional registration of the instant claim for ownership transfer, was invalidated due to the extinction of the right to conclude the sale, the Defendant is obligated to cancel the provisional registration of the instant claim for ownership transfer. The Defendant, who completed the attachment registration based on the above provisional registration, is a third party interested in the registration, and the Plaintiff is obligated to express his/her consent to the cancellation registration of the said provisional registration. The Plaintiff, a creditor of the State BB, in subrogation of the StateB, seeks to cancel the provisional registration of ownership transfer right, and seek the Defendant’s Republic of Korea to implement the declaration of consent to the cancellation registration of the said provisional registration.

3. Conclusion

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.