(영문) 춘천지방법원 2016.01.13 2015가단6886

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(영문) 춘천지방법원 2016.01.13 2015가단6886

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found in Gap evidence Nos. 1, 2, 3, and 5-1 to 6 by considering the whole purport of the pleadings. A

C and D entered into a sales contract with the Defendant on February 25, 1989 on a total of 10 parcels of land, including land in the Seocheon-gun, Seocheon-gun, Gangwon-do, with a purchase price of KRW 50 million.

B. On March 28, 1990, C and D entered into a purchase and sale reservation (hereinafter “instant purchase reservation”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”).

In addition, Article 3 of the reservation of this case provides that if the defendant pays the amount of damages agreed upon by the defendant to C and D within a specified period, the reservation of this case shall be rescinded, and if the parties fail to make payment within a specified period, they shall be deemed to have expressed their intent to complete the sale as the next day after the expiration of the specified period, however, the specified period is blank.

C. On March 28, 1990, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed based on the instant trade reservation in C and D. D.

C and D entered into a sales contract with the Plaintiff on May 22, 2015, under which they transfer the instant provisional registration to the Plaintiff, and on July 16, 2015, the additional registration prior to the instant provisional registration was completed in the future of the Plaintiff.

2. The Plaintiff, ex officio, asserts that the Plaintiff was obligated to implement the principal registration procedure based on the provisional registration of this case, since the Plaintiff was transferred the status of the purchaser pursuant to the trade reservation of this case from C and D.

In other words, the right to complete the pre-sale is a kind of right to create a pre-sale agreement and the duration of the exercise has been agreed between the parties, in which case the other party to the pre-sale expressed his/her intent to complete the pre-sale agreement.

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