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(영문) 수원지방법원 2018. 03. 22. 선고 2017가단542334 판결
매매예약완결권은 위 예약일인 1990. 3. 5.부터 10년이 되는 날인 2000. 3. 5.이 경과함으로써 그 제척기간이 경과되어 소멸하였다[국승]
Title

On March 5, 2000, the right to complete the pre-sale agreement expired after the lapse of the exclusion period from March 5, 200, from March 5, 1990, which was the date of the pre-sale agreement.

Summary

The right to conclude a pre-sale is a kind of right to form a contract and, if there is no such an agreement, within the period of exercise, or within 10 years from the time the reservation is made, and when such period expires, the right to conclude the pre-contract shall expire upon the lapse of the exclusion period.

Related statutes

Article 35 of the National Tax Collection Act (hereinafter "National Tax Collection Act") shall have effect on the provisional attachment or disposal property.

Cases

Suwon District Court 2017Kadan54234 Cancellation of Provisional Registration

Plaintiff

Korea

Defendant

Is 00

Conclusion of Pleadings

March 8, 2018

Imposition of Judgment

March 22, 2018

Text

1. 피고는 김**(49@@@@-1******)에게 별지 목록 기재 부동산에 관하여 의정부지방법원 남양주등기소 1990. 3. 7. 접수 제8822호로 마친 소유권이전청구권가등기의 말소등기절차를 이행하라.

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

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

1. Non-party Kim* (hereinafter referred to as "Glaver**") shall value-added tax as listed below:

종합소득세 등을 납부하지 않아 원고 소속 @@@세무서장이 김**

Attachment on the real estate listed in the attached list owned by the owner of the real estate (receiving on December 22, 2005)

[No. 13621] He (No. 1, 136211). (In case of failure to provide evidence No. 1, a reply to the existence of arrears,

[Reference to Certificate]

Details of delinquent amount related to attachment (base date: October 16, 2017)

(unit: Won)

Items of Taxation

Deadline for payment

Notice Tax Amount

Amount in arrears (including additional charges)

Competent Authority

Value-added Tax

December 26, 2003

3,785,110

4,561,440

@@@

Value-added Tax

December 26, 2003

6,891,200

12,197,160

@@@

Global Income Tax

March 31, 2004

1,919,950

3,359,340

@@@

Value-added Tax

November 28, 2005

7,593,600

8,821,290

@@@

Total

28,939,230

2. In the unilateral promise for sale, the right which would make the other party of the pre-sale effective by expressing his/her intention of completion of the pre-sale, that is, the right to conclude the pre-sale is a kind of right to form and exercise within a certain period if the parties have agreed on the exercise period, and within 10 years from the time when the pre-sale was made, unless there is such an agreement, the right to conclude the pre-sale shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 200).

A. On March 5, 1990, the defendant and Kim* entered into a pre-sale agreement with respect to the real estate listed in the separate sheet on March 5, 1990, and completed provisional registration on March 7, 1990 for the preservation of the right to claim transfer on the ground of the pre-sale agreement on March 7, 199 (see, e.g.

B. The right to make a full resolution of the above sale has expired after the lapse of the period of exclusion on March 5, 200 from March 5, 1990, which was the date of the above reservation.

C. Therefore, the provisional registration of the defendant's Government District Court, Namyang-ju Registry, which was received on March 7, 1990 on the real estate listed in the separate sheet, for the preservation of the right to claim transfer of ownership by the reservation of sale and purchase as of March 7, 1990, should be cancelled, and Kim* as of the above real estate's owner, Kim*

this chapter.

3. The plaintiff, as a taxation right holder of Kim**, has filed the instant lawsuit in order to obtain a judgment, such as Kim* in subrogation of the purport of the claim.

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