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(영문) 춘천지방법원강릉지원 2017.05.30 2015가단8359
가등기말소
Text

1. The defendant on January 12, 1989, as to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff acquired the ownership of each real estate listed in the separate sheet as of October 5, 2015 due to inheritance due to an agreement and division as of June 26, 1997.

B. At the time of January 9, 1989, the Defendant entered into a pre-sale agreement with C on the following terms and conditions as the owner of each real estate of this case, and made a provisional registration of the right to claim ownership transfer on January 12, 1989 (hereinafter referred to as "provisional registration of this case"). Article 1 C has promised to sell each of the real estate of this case to the Defendant for KRW 1,300,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00).

2. According to the above facts of determination, it shall be deemed that there was an expression of intent to complete the purchase and sale reservation of each real estate of this case on January 10, 1990 under Article 3 of the trade reservation of this case. Thus, the plaintiff's assertion that the period of exclusion has elapsed since the defendant did not exercise his right to complete the purchase and sale reservation for ten years is without merit.

However, the ownership transfer right based on provisional registration upon the exercise of the right to conclude the purchase and sale reservation is a contractual claim and the period of extinctive prescription is ten years, and the defendant is the deceased who is the seller from January 10, 1990, the date of completion of the reservation.

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