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(영문) 인천지방법원 2016.05.12 2015가단11792
가등기의 말소등기절차이행
Text

1. The Defendants: (a) on February 10, 1972, the Incheon District Court’s North Incheon District Court registry office with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. In order to secure the obligations against D’s Defendants, the Plaintiff, the husband, completed the registration of ownership transfer right provisional registration (hereinafter “the provisional registration of this case”) on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”) with respect to the real estate on February 10, 1972, as the receipt No. 1371 on February 10, 1972 by the Incheon District Court, North Incheon District Court, Incheon District Court, and the Defendants’ name on February 9, 1972.

[Reasons for Recognition] Defendant B: Defendant C: entry of evidence No. 1 and the purport of the whole pleadings

2. The right which would become effective as a result of the other party’s declaration of the completion of the contract for sale and purchase in the unilateral promise for sale and purchase; that is, the right to conclude the contract for sale and purchase is a kind of right to form a contract and, if not, within the period of exercise, within the said period; if there is no such an agreement, within 10 years after the establishment of the contract; the right to complete the contract shall expire upon the lapse of the exclusion period; and if such period has elapsed, the right to complete the contract shall expire upon the expiration

(See Supreme Court Decision 200Da26425 Decided January 10, 2003) According to the above facts, the defendants' right to complete the purchase and sale reservation, which is the grounds for registration of the provisional registration of this case, was extinguished by the lapse of the exclusion period, since it is apparent that the right to complete the purchase and sale reservation of the defendants, which is the grounds for registration of this case, was ten years after February 9, 1972.

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

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.

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