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(영문) 인천지방법원 2019.06.18 2018가단229693
승낙의 의사표시청구의 소
Text

1. The Defendants are the Chuncheon District Court Crossing District Court No. 7092, May 14, 1998, as to the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the provisional registration of the right to claim ownership transfer on April 4, 1998 (hereinafter “the provisional registration of this case”) with respect to the real estate indicated in the separate sheet owned by D Co., Ltd. (hereinafter “D”) on May 14, 1998.

Defendant Korea Environment Corporation shall dispose of the right to claim ownership transfer based on the provisional registration of this case on December 17, 2003; October 29, 2004; November 25, 2005; and Defendant Gangwon-do on February 22, 2005; and complete the additional registration of seizure as to the provisional registration of this case.

B. The Plaintiff filed a lawsuit claiming for the cancellation of the provisional registration of this case against C in lieu of D on November 25, 2016, as 1,380,379,973 won and 317,031,017 won among them. To preserve the claim, the Plaintiff filed a lawsuit claiming for the cancellation of the provisional registration of this case against C in lieu of D on November 25, 2016.

In the above lawsuit, the plaintiff asserted that the right to complete the purchase and sale reservation, which is the cause of the provisional registration of this case, was extinguished upon the expiration of the exclusion period.

C Without submitting a written response, on April 27, 2017, the above court sentenced C to comply with the procedure for cancellation registration of the provisional registration of this case without holding any pleadings, which became final and conclusive on May 17, 2017.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 5 (including paper numbers), remarkable facts in this court, purport of whole pleadings]

2. The parties' assertion

A. Since the provisional registration of the Plaintiff was invalidated due to the lapse of the exclusion period of the right to make a false declaration of conspiracy or the right to complete the purchase and sale reservation, the Defendants are obligated to express their consent to the cancellation of the provisional registration of this case.

B. For the following reasons, Defendant Korea Environment Corporation has no obligation to consent to the cancellation of the provisional registration of this case.

If a pre-sale promise, which is the cause of the provisional registration of this case, becomes null and void due to a false declaration of conspiracy, the defendant Environment Corporation is protected as a bona fide third party under Article 108(2) of the Civil Act, and thus, is obliged to accept

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