(영문) 서울남부지방법원 2015.10.14 2015가단36512

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(영문) 서울남부지방법원 2015.10.14 2015가단36512

소유권이전청구권 가등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In Jeju District Court Decision 2004 Ghana108355, the Plaintiff held that “The Defendant shall pay to the Plaintiff 14,028,898 won and 12,730,000 won with 29.9% interest per annum from November 11, 2004 to the day of full payment.”

B. On January 30, 2004, the Defendant entered into a pre-sale agreement with B to purchase the instant real estate at KRW 118,000,000, and on January 30, 2006, the date of the completion of the sale shall be January 30, 2006, and upon the completion date of the sale, the agreement was concluded to deem that the sale was completed even without the Defendant’s declaration of intent to complete the sale (hereinafter “the instant pre-sale”). On January 31, 2004, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”).

C. On the other hand, B did not have any specific property except for the instant real property.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. On the Plaintiff’s assertion that the Plaintiff’s exclusion period Do and argument had expired 10 years since the right to complete the purchase and sale reservation of this case was not exercised for 10 years after January 30, 2004.

In light of the above facts, B and the defendant decided that the date of the completion of the sale as of January 30, 2006 at the time of the reservation for the sale of this case shall be the date of the completion of the sale as of January 30, 2006, and if the above date of the completion expires, the right to the completion of the sale of this case shall be deemed to have been exercised without a separate declaration of intention after the lapse of January 30, 2006. Thus, the time of the completion of the reservation for the sale of this case shall be apparent that the time of the completion of the promise for the sale of this case is within 10 years after the reservation for the sale of this case

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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