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(영문) 춘천지방법원 2019.11.27 2019가단1391
가등기말소등기절차이행청구
Text

1. The defendant shall receive, on July 25, 1986, the Jeonju District Court with respect to the plaintiff with respect to 2,307 square meters of the forest land in Seocheon-gun, Incheon-do.

Reasons

1. Facts of recognition;

A. As to the land of 2,307 square meters in the Yancheon-gun, Seocheon-do (hereinafter “instant land”), the registration of the right to claim the transfer of ownership was completed on July 25, 1986 with the Yancheon District Court 23050 received on July 25, 1986, and on July 22, 1986, on the ground of the reservation to trade.

B. On March 20, 2019, the Plaintiff acquired the ownership of the instant real estate.

(The ground for recognition) The fact that there is no dispute over the evidence No. 1, the entry of the evidence No. 1, and the purport of the entire pleadings of the Chuncheon District Court on March 20, 2019.

2. As to the instant land, the Defendant: (a) registered the right to claim transfer of ownership on the ground of the pre-sale agreement on July 22, 1986; and (b) did not exercise the right to complete the pre-sale agreement during the expiration of the exclusion period of ten (10) years thereafter; (c) the right to complete the pre-sale agreement becomes extinct upon

As long as the right to claim ownership transfer of this case lapses due to the expiration of the exclusion period, the defendant cannot exercise the right to claim ownership based on provisional registration, so the defendant bears the duty to cancel the provisional registration of the right to claim ownership transfer of this case.

In this regard, the defendant asserts to the effect that the above provisional registration can be cancelled only if the obligation secured by the provisional registration of ownership transfer claim is to be paid.

However, the statute of limitations has expired since it is apparent that the loan claims asserted by the defendant were ten years since the date of occurrence.

Therefore, the defendant's argument that is premised on the existence of the loan claim is without merit.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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