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(영문) 의정부지방법원 2018. 08. 17. 선고 2018가단109950 판결
가등기말소[국승]
Title

Cancellation of Provisional Registration

Summary

Since the right to the completion of the reservation has ceased to exist over the exclusion period after the lapse of ten years from the date of reservation for sale, there is a duty to cancel the registration of the right to claim transfer.

Related statutes

§ 564. One-way promise for sale under the Civil Code

Cases

2018 Ghana 101701

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

July 13, 2018

Imposition of Judgment

May 24, 2018

Text

1. The defendant will implement the procedure to cancel the registration of the right to claim transfer of ownership, which was completed by the receipt No. 53756 on July 28, 2000, with respect to each real estate listed in the separate sheet to AA.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order of the Gu office.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. The Gu council member by public notice (Article 208 (3) 3 of the Civil Procedure Act).

- 4-

1. Relationship between parties;

The plaintiff is a tax creditor of the non-party AA (hereinafter referred to as "AA"), and the defendant has the honor to make a provisional registration of the right to claim ownership transfer (hereinafter referred to as "provisional registration of this case") on the real estate listed in the separate sheet owned by the AA (hereinafter referred to as "real estate of this case") due to the trade reservation (refer to the entire certificate of registration No. 2 of this case).

2. On May 11, 2012, and February 19, 2016, the Plaintiff seized the instant real estate in order to collect the delinquent tax amount of AA on February 19, 2016, and the delinquent amount of the national tax of AA related thereto is as specified in Table 1 (see the details of delinquency in subparagraph 1, subparagraph 2, and the entire certificate of the registered matters in subparagraph 2).

3. The right that the other party to the A's purchase and sale of the real estate after the lapse of the exclusion period of the A's right to purchase and sale is effective, namely, the right to conclude a sale and purchase agreement, within the period of 10 years from the establishment of such agreement, and the right to conclude a sale and purchase agreement shall be extinguished upon the expiration of the exclusion period (see, e.g., Supreme Court Decision 200Da26425, Jan. 10, 200). The right to claim for sale and purchase of the real estate 200,000 won as of the date of the action against the debtor for the cancellation of the provisional registration 200,000 won as set forth in the following table 2, the right to claim for sale and purchase of the real estate 20,000 won as of the date of the execution of the A's provisional registration is de facto impossible, and thus, it is difficult to determine whether the debtor's right to claim for sale and sale of the real estate is active for reason of sale and sale.

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