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(영문) 서울남부지방법원 2019.07.25 2018나56730
가등기말소등기절차이행
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Grounds for this part of the judgment of the court of first instance are with merit.

1. Since the entry is the same as the entry, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of the principal claim

A. The Plaintiff’s promise to sell and purchase the instant provisional registration, which is the cause of the Plaintiff’s assertion, (hereinafter “instant provisional registration”), is false, and even if not, the right to complete the reservation has ceased to exist with the exclusion period. Therefore, the Defendant should cancel the provisional registration.

B. 1) We examine whether the reservation of this case constitutes false labelling or not, and there is no evidence to prove that the reservation of this case constitutes a false labelling. 2) The Plaintiff’s assertion is without merit. 2) The right to make the sale effective by expressing the other party’s intent to complete the sale and purchase in one-way reservation as stipulated under Article 564 of the Civil Act is a kind of right to create a contract between the parties within the period of exercise, and if there is no such agreement, the right to complete the reservation shall be exercised within 10 years from the date of establishment of the reservation, and if there is an excessive period, the right to complete the reservation is extinguished upon the lapse of the exclusion period even if the other party is delivered the object of the reservation (see, e.g., Supreme Court Decisions 91Da4476, Jul. 8, 1992; 91Da4773, Jul. 8, 1992; 190; 2000Da47773, Oct. 10, 2001).

(See Supreme Court Decision 94Da22682, 94Da22699 delivered on November 10, 1995, etc.). Meanwhile, the right to make a reservation is guaranteed.

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