The right to full completion of the reservation shall be exercised within 10 years from the time the reservation is established, provided that the period for exercise has been agreed.

The right to complete reservation is a kind of right to form a contract and, if there is no agreement between the parties to exercise the right within that period, within ten years, and if there is an agreement, within the above period, the right to complete reservation ceases to exist due to the lapse of the exclusion period even if the other party has received real estate which is the object of reservation, even if it

§ 564. One-way reservation for sale under the Civil Code

Gwangju District Court 2015Kadan6529 Gazed registration for transfer of ownership

○ ○

Republic of Korea and 1

August 19, 2015

September 9, 2015

1. Defendant Kim ○, the Plaintiff:

A. The registration of the right to claim transfer of ownership completed on December 29, 1988 by the Gwangju District Court ○○○ registry office of the Gwangju District Court with respect to the real estate stated in paragraph (1) of the annex No. 1,

(b) the provisional registration of the right to claim transfer of ownership completed on March 31, 1989 by the same registry office No. 4455 with respect to the real property described in paragraph 2 of the same list;

C. As to the real estate stated in paragraph (3) of the same list, the provisional registration of the right to claim transfer of ownership completed on December 20, 198 by the same registry office No. 66677.

Each cancellation registration procedure shall be implemented.

2. As to the registration of cancellation of the provisional registration of the right to claim a transfer of ownership above, the defendant Republic of Korea will express his consent.

3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant Kim○○ is borne by Defendant Kim○, while the part arising between the Plaintiff and Defendant Republic of Korea is borne by each individual.

Cheong-gu Office

The same shall apply to the order.

1. Basic facts

As to the real estate listed in the separate list No. 1 which Defendant ○○○ owned by this○○, the Gwangju District Court No. 3344 of Dec. 29, 198 received as of Dec. 29, 198, and as of Dec. 28, 198, the provisional registration of the right to claim ownership transfer based on the purchase and sale promise as of Dec. 28, 1988, as of the real estate listed in paragraph 2 of the same list which is owned by Hong○○○○, No. 4455 of Mar. 31, 1989, and No. 4455 of the same registry office, the provisional registration of the right to claim ownership transfer based on the purchase and sale promise as of March 30, 1989, the provisional registration of the real estate listed in paragraph 3 of the same list (hereinafter collectively referred to as the "real estate of this case"), the right to claim ownership transfer registration as of the Plaintiff 1, 29677, and the provisional registration of this case as of this case.

2. Determination

The right to make the sale effective by expressing the other party’s resolution on the completion of the sale in one-way promise as stipulated in Article 564 of the Civil Act shall be extinguished upon the lapse of the exclusion period even where the other party has delivered real estate which is the object of the promise, if it is a kind of creation right and the exercise period has been agreed between the parties, and if no such agreement has been made, it shall be exercised within 10 years from the establishment of the promise, and if the period has elapsed, the right to make the completion of the promise shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 91Da44766, Jul. 28, 192).

According to the above facts, the right to the completion of the reservation on the instant real estate by Defendant Kim○-○ has ceased to exist after the lapse of 10 years from the date of establishment of the above reservation, and accordingly the provisional registration of this case has lost its effect.

Therefore, Defendant Kim ○○ has a duty to implement the procedure for registration of cancellation of the provisional registration of this case to the Plaintiff who subrogated the former owner (the same shall apply where the provisional registration of this case was completed based on false representation with the former owner, and even if the provisional registration of this case is null and void, the above Defendant is liable to implement the procedure for registration of cancellation of the provisional registration of this case). As long as the provisional registration of this case is not effective, Defendant Republic of Korea, a third party who is interested in the above provisional registration, has a duty to express his/her intention of acceptance

3. Conclusion

Therefore, we decide to accept the plaintiff's claim against the defendants since all of the claims against the defendants are justified.

It is so decided as per Disposition.