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(영문) 대구지방법원 2017.08.08 2016가단127371
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. As to the instant land, registration relating to ownership has been completed as follows:

① Registration of transfer of ownership in D on August 3, 1995 (transaction on July 31, 1995) ② Registration of provisional right to claim transfer in E on June 12, 200 (sale reservation on May 10, 200), ③ Registration of transfer of ownership in the name of the Plaintiff and F on February 5, 2013 (transfer on December 28, 2012, 2012), ④ Registration of transfer of ownership in the name of the Plaintiff (transfer on October 12, 2016, the cause of provisional registration) in the name of the Plaintiff on June 5, 2015 (transfer on October 10, 2016, the cause of provisional registration of the Plaintiff on June 5, 2015)

A person shall be appointed.

(b) D and E are private villages.

E is the plaintiff's white part.

The defendant is a child of D.

The plaintiff and the defendant are the village of land.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 4, 3-1, 2, and 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. On the basis of the provisional registration of this case with respect to the land of this case, the Plaintiff asserts that the Defendant implement the registration procedure for transfer of ownership based on the completion of the reservation following the delivery date of a copy of the complaint of this case.

In this regard, the defendant asserts that the plaintiff's right to complete the purchase and sale reservation has expired over the ten-year exclusion period from the date of the purchase reservation.

B. Determination as to whether the period of exclusion exceeds the limitation period: (i) the right which would make the other party of the contractor effective by expressing his/her intention of completion of the purchase and sale reservation, that is, the right to complete the purchase and sale reservation, if it is a sort of right to form a contract between the parties, within that period; (ii) the right to complete the purchase and sale should be exercised within 10 years from the time the reservation is made, if no such agreement is made; and (iii) the right to complete the purchase upon the lapse of the limitation period.

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