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(영문) 춘천지방법원영월지원 2017.06.21 2017가단68
가등기말소등기
Text

1. The defendant shall receive on November 9, 199 from the plaintiff on the 555 square meters of the Gangseo-gu Seoul Special Metropolitan City, Seocheon-gu, Seocheon District Court's office of registration.

Reasons

In the determination on the cause of a claim, the right which shall have the effect of a trade by declaring the intention of completion of the trade reservation, that is, the right to conclude the trade reservation, if the parties have agreed to exercise as a kind of right to create the trade reservation, within such period, and if no such agreement exists, within 10 years from the time the reservation is made, and the right to complete the trade shall expire upon the lapse of such period, upon the lapse of the exclusion period.

(2) In light of the purport of the entire pleadings, the right to claim a transfer of ownership under Paragraph (1) of the Disposition No. 1 (hereinafter “instant real estate”) owned by D was completed on Nov. 9, 200 on the ground of pre-sale agreement on Nov. 9, 200. The Plaintiff purchased the instant real estate from D on July 21, 2016 and completed the registration of transfer of ownership on Aug. 10, 2016, and the Plaintiff acquired the instant real estate and completed the registration of transfer of ownership on Aug. 10, 2016. As such, the right to conclude a pre-sale agreement was extinguished after the lapse of the exclusion period.

Although the defendant asserts that the limitation period is not in progress during the period when the decision-making was difficult due to mental severe disorder, there is no evidence to acknowledge it, and even if so, it is difficult to view that the exclusion period does not proceed only with the grounds alleged by the plaintiff.

Therefore, the Defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case concerning the instant real estate to the Plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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