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1. The Defendant: (a) on September 17, 2001, the Jeonju District Court’s Net Chang-gun Co., Ltd. with respect to Nonparty B’s 291 square meters.
Reasons
1. In addition to the statement in Gap evidence Nos. 1 and 2, the purport of the argument is as follows: (i) around September 14, 2001, the defendant made a pre-sale promise with the non-party B on the land of this case with respect to the land of this case, and completed the provisional registration of ownership transfer claim under the receipt No. 6674 on September 17, 2001 (hereinafter "provisional registration of this case"). (ii) Meanwhile, the plaintiff filed a payment order with the Jeonju District Court, the 2005Hu20202, 30,000,000 won, and damages for delay against Eul, and the above payment order becomes final and conclusive on June 8, 2005.
2. Determination
(a) a right which would become effective as the other party to a trade by expressing his/her intent to complete the reservation, i.e., the right to complete the reservation, if any, is a kind of right to form and exercise the exercise period between the parties, and if not, within 10 years of the establishment of the reservation, the right to complete the reservation shall expire upon the lapse of the exclusion period, and if no such agreement is made, within such period, the right to complete the reservation shall expire;
B. (See, e.g., Supreme Court Decision 99Da18725, Oct. 13, 2000).
In light of the above legal principles, as long as the Defendant did not exercise the right to complete the purchase and sale reservation at the expiration of the ten-year period from September 14, 2001 when the purchase and sale reservation was made, the right to complete the purchase and sale reservation was extinguished upon the lapse of the exclusion period. Accordingly, the provisional registration of this case based on the above purchase and sale reservation was also invalidated. Meanwhile, the Plaintiff may seek cancellation of the provisional registration of this case against the Defendant in subrogation of B as the creditor of B. Thus, the Defendant is liable to implement the procedure for cancellation registration of the provisional registration of this case.
3. The plaintiff's conclusion is that of this case.