logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.01.09 2017가단1822
가등기말소
Text

1. The defendant shall receive, on February 10, 1989, the Chuncheon District Court Yangyang-gun, the plaintiff with respect to the size of 988 square meters prior to Gangseoyang-gun C.

Reasons

1. The following facts are acknowledged as either the dispute between the parties or the whole purport of the pleading in Gap evidence No. 1.

A. On April 1, 1987, the Plaintiff completed registration of ownership preservation with respect to the land of this case, which is 988 square meters in Gyeyang-gun, Yangyang-gun (hereinafter “instant land”).

B. On February 10, 1989, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) by the Yangyang District Court No. 1391 on the ground of the trade reservation made on February 9, 1989 (hereinafter “instant trade reservation”).

2. The right to conclude a contract for purchase and sale is a kind of right to form a contract and to participate in the exercise period if it has been agreed between the parties, it shall exercise the right within 10 years from the time of establishment of the contract, if there is no such agreement, and the right to complete the contract shall expire upon the lapse of the exclusion period, and shall cease to exist during the exclusion period, such as extinctive prescription.

(2) In light of the above facts, the right to complete a pre-sale agreement of this case was extinguished after the lapse of February 9, 1999, when the ten-year period from February 9, 1989, which was the date of the pre-sale agreement, on January 10, 200, etc. (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 200). According to the above facts, the right to complete a pre-sale agreement of this case does not have any separate agreement as to the period for exercising the right, and the period for exclusion expired after the lapse of the period

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow