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(영문) 대구지방법원영덕지원 2019.08.13 2019가단680
가등기에 의한 본등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The defendant is the plaintiff's children.

B. 1) On September 10, 1999, the Defendant purchased each real estate listed in the separate sheet Nos. 1 and 2, through an auction. 2) On February 25, 2004, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration No. 1”).

C. 1) On March 19, 2008, the Defendant purchased each real estate listed in the separate sheet No. 3 and 4 from C, and completed the registration of ownership transfer on May 7, 2008. 2) On May 7, 2008, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration”) on April 30, 2008, for each real estate listed in the separate sheet No. 3 and 4 on May 7, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. 1) The gist of the party’s assertion is that the Defendant’s exercise of the right to complete the reservation of the first purchase and sale is the exercise of the right to complete the reservation of the Defendant’s exercise of the right to complete the reservation of the purchase and sale with the limitation period.

B. Determination 1) In the instant case, the right to conclude a pre-contract for sale and purchase is a kind of right to form a trade, if the parties agree to exercise the right within that period, and if there is no such an agreement, within 10 years from the time the pre-contract was established, the right to complete the pre-contract shall be extinguished upon the lapse of the exclusion period, and the right to complete the pre-contract shall not be extinguished upon the lapse of the exclusion period, and shall not be interrupted during the exclusion period (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). In the instant case, the first pre-contract for sale and purchase was established on February 25, 2004 and ten years have elapsed since it was concluded on February 25, 2014.

That is, the above facts and facts of recognition.

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