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(영문) 서울중앙지방법원 2016.11.02 2016가단82127
소유권이전청구권가등기말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make a regional court of Suwon-nam Branch on 2006.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) C applied for a payment order against D on April 5, 2006 for a loan of KRW 100 million at the rate of 18% per annum to D and notified D on May 19, 2016 to D on February 11, 2016, that “D shall pay to C an amount of KRW 100 million per annum from April 6, 2005 to the date of full payment.” After C transferred its claim under the above payment order to the Plaintiff on May 18, 2016, and notified D on May 19, 2016.

3) On the other hand, C shall provide each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

On January 10, 2006, the owner of the instant real estate is the owner of the Suwon District Court, Sungnam-gu Office of Gwangju District Court for the Defendant, which received on January 10, 2006, No. 2168, which received on September 14, 2002, the provisional registration of the ownership based on the reservation to purchase and sell the instant real estate (hereinafter “the provisional registration of this case”).

4) C has no other property than the instant real estate.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, 6 through 8, and the purport of whole pleading

B. Determination 1) In the instant case, the right to conclude a pre-sale is a kind of right to form and sell, if the parties agree on the duration of the pre-sale, it shall be exercised within 10 years from the date of establishment of the pre-sale, unless there is such an agreement, and the right to complete the pre-sale ceases to exist upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 97Da12488, Jun. 27, 1997). According to the above facts of recognition, the Defendant’s right to complete the pre-sale of each real estate of this case was extinguished upon the lapse of the exclusion period, since it is apparent that the pre-sale of each real estate of this case was made more than 10 years after September 14, 202.

I would like to say.

Therefore, the reason for the provisional registration of this case is the reason.

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