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1. The defendant shall accept on March 14, 1998, the Busan District Court's Busan District Court's Busan District Court's registry office with respect to the plaintiff's 24m2 in Busan Dong-gu.
Reasons
1. Facts of recognition;
A. On March 13, 1998, the Defendant completed the provisional registration of ownership transfer claim (hereinafter “the provisional registration of this case”) under the Busan District Court’s Busan District Court’s receipt No. 15698 on March 14, 1998, on the ground of the pre-sale agreement with respect to the Busan Dong-gu, Busan District Court 24 square meters (hereinafter “the instant real estate”).
B. On August 28, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. The right which would have the effect of a trade by declaring the intention of completion of the trade reservation in the unilateral promise for sale and purchase; that is, the right to conclude the trade reservation is a kind of right to form the trade reservation and, if not, within such period of exercise; if not, within 10 years from the time when the reservation is made; and if such period of exercise expires, the right to conclude the reservation shall expire upon the lapse of the exclusion period;
(See Supreme Court Decision 200Da26425 Decided January 10, 2003, etc.). According to the above facts, the Defendant’s right to conclude a pre-sale agreement, which caused the provisional registration of this case, has expired on March 13, 2008, after the lapse of the period of exclusion.
Therefore, the Defendant, as the owner of the instant real estate, is obligated to implement the procedure for the cancellation registration of the instant provisional registration.
[On the other hand, the defendant lent money to the company operating the network D, completed the provisional registration of this case, and argued that the provisional registration of this case is a security provisional registration. However, there is no evidence to acknowledge it, and in this case, even if the provisional registration of this case is a security provisional registration, even if the secured claim of the provisional registration of this case had already expired, the provisional registration of this case should be cancelled ultimately (see Supreme Court Decision 2006Da12701, Mar. 15, 2007).