(영문) 제주지방법원 2016.05.03 2015가단15831

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(영문) 제주지방법원 2016.05.03 2015가단15831

가등기말소 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The payment order (Seoul Central District Court) No. 2009Da88958 was finalized on September 11, 2009 by filing an application with D for a payment order claiming the payment of the acquisition amount against D.

B. With respect to the land size of E, E, E, 13692 square meters (hereinafter “instant real estate”), the registration of ownership transfer was completed on February 26, 1980, and thereafter, the registration of ownership transfer was completed on January 8, 1982 (hereinafter “the provisional registration of this case”), and on February 25, 2005, the registration of ownership transfer based on the provisional registration of this case was completed on February 13, 2015, as stated in the purport of the claim as of July 13, 2015, as to the share in Defendant B, 7080/13692 shares, and the share in Defendant C, 612/13692 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The provisional registration of this case completed in the Defendant A’s assertion was based on the pre-sale agreement on December 28, 1981, and since the right to complete the pre-sale agreement was extinguished after the lapse of 10 years from the date of the pre-sale agreement without exercising the right to complete the pre-sale agreement, the provisional registration of this case is invalid.

Therefore, the provisional registration of this case and the provisional registration of this case, which are based on the provisional registration of this case, should be cancelled as a cause invalidation.

The plaintiff is seeking cancellation against the defendants in subrogation of D as a transferee of D.

B. Defendant B and C’s assertion entered into a pre-sale agreement with D on December 28, 1981 with regard to the instant real estate owned by D, and agreed that if D deposits, agreed amount, etc. are not paid to Defendant A by June 10, 1982, the right to complete the next day’s pre-sale agreement shall be exercised.

D did not pay the above deposit money, etc. by June 10, 1982, and it did not pay it to Defendant A on June 11, 1982.

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