beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s provisional registration stated in the purport of the claim (hereinafter “the provisional registration of this case”) was completed on April 26, 2002 as the owner of 208 square meters in Gyeong-gun, Chungcheongnam-gun (hereinafter “the instant real estate”) prior to the purchase and sale of the real estate to the Defendant, is not in dispute between the parties or can be recognized by adding the whole purport of pleadings to the statement in the evidence No. 1. The right to make the sales effective by the counter-party’s declaration of the completion of the purchase and sale contract to the counter-party in the unilateral promise, namely, the right to conclude the purchase and sale promise, if there is no such agreement, within the said period, and within 10 years from the date of the establishment of the reservation, if there is no such agreement, the right to conclude the reservation is extinguished upon the lapse of the exclusion period (see Supreme Court Decision 200Da26425, Jan. 10, 2003).
Therefore, barring special circumstances, the Defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case with respect to the instant real estate to the Plaintiff.
B. On the other hand, the defendant asserts that the limitation period has not yet expired since the defendant agreed to allow the completion of the pre-sale contract by April 25, 2032.
However, the purpose of the exclusion period is to determine the legal relationship as soon as possible by allowing the right holder to immediately exercise the relevant right, and unlike the effect of the extinction due to the passage of a certain period and the circumstances that the non-exercise of the right, the exclusion period brings about the effect of the extinction of the right by itself, and the interruption of the prescription period is not recognized in the case of extinctive prescription.