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(영문) 대구지방법원김천지원 2020.09.24 2019가단4164
가등기말소등기
Text

1. The Defendants received, on July 12, 1978, the registration office of the Daegu District Court with respect to the size of 119 square meters prior to Sinsi-si H in the Plaintiff.

Reasons

1. Facts recognized;

A. On August 22, 1977, Non-party 1 (the address on the registry: the JJ in Busan-gun) completed the registration of transfer of ownership on the ground of sale on August 10, 197, with respect to the land of 119 square meters prior to H in the Gu-si, Si-si (hereinafter “instant land”).

B. On July 12, 1978, Defendant B, C, G, and Non-Party Network K (the address on the registry: Seodaemun-gu Seoul L) completed the provisional registration of transfer of ownership on July 11, 1978 on the instant land (hereinafter “the provisional registration of this case”).

C. Nonparty I died on February 16, 2003, and on September 5, 2019, the Plaintiff (M) who was his heir completed the registration of ownership transfer on the instant land due to inheritance by consultation and division on February 16, 2003.

On the other hand, the non-party D, the United States E, and F, who were his lineal descendants, died on September 7, 2017, and his heir (the non-party N, the spouse of the non-party N, died on July 17, 2019, and the above Defendants, who were their lineal descendants, succeeded to the above N in proportion to 1/3 each of their shares), and the inheritance shares ratio of the above Defendants against the above K in proportion to 1/3 each.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the claim

(a) In the unilateral reservation for trade, the right that the other party to the reservation becomes effective as a trade by expressing his/her intent to complete the reservation, that is, the right to complete the reservation is a kind of right to create a trade reservation, if any, within that period, and if there is no such an agreement between the parties, within 10 years of the establishment of the reservation, and the right to complete the purchase and sale is extinguished upon the lapse of the exclusion period, and at the expiration of that period;

In addition, in a case where a provisional registration was completed for preserving a right to claim ownership transfer registration on the basis of a pre-sale agreement of real estate, if the right to complete the pre-sale agreement has expired, the provisional registration also becomes effective.

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