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(영문) 서울북부지방법원 2020.07.08 2019가단135977
가등기말소
Text

1. The defendant's share of 1/2 of the real estate stated in the attached list to the plaintiff is registered with the Seoul Northern District Court.

Reasons

Comprehensively taking account of the purport of the whole arguments in Gap evidence No. 1, as to the portion of 1/2 of the real estate listed in the separate sheet, owned by the plaintiff, and the name C before November 3, 2008:

D. From September 12, 2014, the fact that the provisional registration of the right to claim partial transfer of ownership as stated in Paragraph (1) of the Disposition based on the same purchase and sale reservation has been completed (hereinafter “the provisional registration of this case”), and that the additional registration transfer of the provisional registration based on transfer as of September 11, 2014 was completed in the future against the Defendant on September 12, 2014. The right to complete the sale and purchase reservation should be exercised within 10 years from the date of establishment of the reservation if the parties agree to the exercise period, and within 10 years from the time of establishment of the reservation if there is no such agreement, the right to complete the reservation should expire upon the expiration of the exclusion period (see, e.g., Supreme Court Decisions 91Da476, 473, Jul. 28, 1992; 2008Da264775, Jan. 10, 2003).

Therefore, the Defendant, who is the person holding the provisional registration of this case, is obligated to cancel the provisional registration of this case to the Plaintiff.

In regard to this, the defendant argues that the provisional registration of this case is a provisional registration for security, and that the provisional registration of this case is a provisional registration for security.

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