Unless an agreement is reached, the right to complete a pre-sale shall be exercised within ten years from the time of the establishment of the pre-sale.

The right to conclude a pre-sale shall, if any, be exercised within the period of exercise if the parties have agreed on the period of exercise, within such period, or within 10 years from the time the reservation is made, if any.

Article 57 (1) of the Registration of Real Estate Act

2013da243193 Cancellation of provisional registration

The provisional registration is completed.

(2) On August 2, 1993, Defendant 00 claims to transfer ownership based on the provisional registration of this case No. 2

Section B. Pursuant to the acquisition by transfer from the above Section 00, 1/3 shares in the real property of this case

Seoul Western District Court Seodaemun District Court Registry No. 29067 of August 23, 1993, received on the part of the Seoul Western District Court

The supplementary registration before the old right has been completed.

(3) As Defendant Republic of Korea did not pay taxes to Defendant 10, Defendant Republic of Korea on January 9, 2012

The right to claim ownership transfer by Defendant 100 based on provisional registration was seized, and the real estate in this case was substituted by

Seoul Western District Court Seodaemun District Court Decision 797 received on January 11, 2012, No. 797, March 19, 2013

The right to claim for the transfer of right was seized and the real estate of this case was registered in Seodaemun District Court

[Attachment of Claim for Transfer of Ownership of Provisional Registration No. 2 of this case under No. 9670 of March 25, 2013

Registration has been completed.

C. Plaintiff Kim 00 on July 13, 1993; and Plaintiff Seo 00 on November 8, 2005; and Plaintiff Red 00 on November 2007

5. On August 29, 2012, Plaintiffs 25.25/150.1 shares of each of the instant real estate held on August 29, 2012

was obtained.

2. Determination on the claim against Defendant Kim 00, Kim 00, and Choi 00

(a) Every contractor shall declare his/her intention to complete the sale and purchase reservation in the unilateral reservation for sale and purchase;

The right to become effective, i.e., the right to complete a pre-sale agreement, is a kind of right to form.

(2) if no such agreement is made, the period of such

within 10 years from the time of the establishment of a contract, and the reservation shall be made at the expiration of such period.

A closed right shall be extinguished upon the lapse of the exclusion period, and shall be extinguished during the exclusion period, such as extinctive prescription.

no period may be interrupted.

In accordance with the above facts, the period for exercising the right to complete purchase and sale reservation based on the 1/2 reservation

In this case where there is no evidence to prove that the agreement was reached, the right to full reservation of the first sale of this case shall be the date of reservation.

After the lapse of September 17, 1998, September 17, 198, the second trade reservation of this case was made.

The right of completion shall expire on September 21, 1998 after the lapse of ten years from September 21, 198, the date of reservation.

It will be said that the exclusion period has expired.

B. Thus, each provisional registration of this case on the real estate of this case shall be deemed invalid registration.

As such, Defendant Kim as to the Plaintiff seeking the procedure for cancellation registration of each provisional registration of this case as preservation act

00, Kim 00, the provisional registration of this case No. 1, and the cancellation, etc. of the provisional registration of this case No. 1.

have the obligation to implement the proceedings.

3. Determination on the claim against Defendant Republic of Korea

(a) Article 57 (1) of the Registration of Real Estate Act (Article 57 (1) of the Registration of Real Estate Act), where the cancellation of registration is applied

(2) If there is a third party having interest in the registration, the consent of the third party shall be required.

The registration of "third party who has an interest in the registration" is cancelled.

A right holder in the registration which is likely to sustain a loss and is likely to sustain such loss, etc.

It is a person who is formally recognized by a donation entry, and the third party bears the duty of consent.

whether or not the third party has to give his consent in relation to the person having the right of cancellation.

Determination by whether a person is obligated to perform the duty (Supreme Court Decision 2005Da43753 Decided April 27, 2007)

[Reference]

B. According to the facts acknowledged earlier, the above defendant's transfer of ownership based on the provisional registration No. 2 of this case

Where provisional registration of this case No. 2 is cancelled as a right holder who has completed each seizure registration concerning the right to claim;

It is likely that the real estate of this case is likely to be damaged by the entry of the registry on the real estate of this case

(2) If the registration of cancellation of the provisional registration of this case No. 2 is deemed to have been granted, the registration of cancellation shall be deemed to have been granted

The above defendant also has a duty under substantive law to accept the above cancellation registration.

4. Conclusion

If so, the plaintiff's claim against the defendants is with merit, and it is decided to accept it.

It is so decided as per Disposition.

Red ventilation et al. and three others

Kim Jong-jin et al.

December 17, 2014

. 28, 2015

1. The plaintiffs

A. Defendant Kim 00, Kim00 performed the procedure for the cancellation of the provisional registration of the right to claim ownership transfer registration completed on September 19, 1988 by the Seoul Western District Court Seodaemun-gu Registry of Seodaemun-gu District Court on the real estate listed in the separate sheet.

B. (1) Defendant 00 performed the procedure for cancellation of the provisional registration of the right to claim ownership transfer registration completed under the receipt No. 42380 of September 22, 198 with respect to the share of 1/3 shares of 1/3 shares in the real estate listed in the separate sheet, among the real estate listed in the separate sheet;

(2) Defendant Republic of Korea expressed his/her intention to accept the registration of cancellation of the provisional registration for ownership transfer registration completed by the Seodaemun District Court of Seodaemun-gu, Seoul District Court No. 42380 on September 22, 198 with respect to the shares of 1/3, 200 of the real estate listed in the separate list.

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

The same shall apply to the order.

1. Basic facts

A. Defendant Kim 00, Kim 00 completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on September 17, 1988 on the real estate listed in the separate sheet (hereinafter “the instant real estate”) that was owned by Nonparty Park 00, Kim00, and Cho 00 on September 19, 198 on the ground of the purchase and sale reservation (hereinafter “the first sale reservation”).

B. (1) On September 21, 1988, the non-party 00 registered the provisional registration of the right to claim the transfer of ownership as the receipt No. 42380 on September 22, 198, on the ground that the non-party 1/3 shares of 1/3 of the real estate of this case were based on the trade reservation (hereinafter the second trade reservation of this case) on September 21, 198.