The right to complete a pre-sale shall be exercised within 10 years from the time of the establishment of the reservation, and the expiration of the exclusion period after the lapse of the period.

The right to complete a pre-sale shall be exercised within ten years from the time of the establishment of the reservation, and the period shall expire upon the expiration of the exclusion period.

Suwon District Court Ansan Branch-2018-Ban-4374 Cancellation of provisional registration

AA

Republic of Korea 1

November 22, 2019

2019.010

1. The Plaintiff:

A. Defendant JJ implements the procedure for the cancellation of registration of the right to claim transfer of ownership, which was completed on October 9, 1997 under the receipt of No. 74116 of the receipt on October 9, 1997, as to the real estate listed in the separate sheet;

B. The defendant Republic of Korea has expressed his/her intention to accept the registration of cancellation of the above right to claim ownership transfer.

2. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant JJ is borne by the above Defendant, and the part arising between the Plaintiff and Defendant Korea is borne by each party.

Cheong-gu Office

The same shall apply to the order.

1. Basic facts

A. On December 23, 1978, the Plaintiff completed the registration of initial ownership on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

B. On October 9, 1997 with respect to the instant real estate, the registration of the right to claim for transfer of ownership was completed under the name of the JJ on October 9, 1997 under the name of the Suwon District Court, Ansan District Court, Anyang Registry on October 9, 1997 (hereinafter “the instant provisional registration”).

C. On August 30, 2004, Defendant JJ completed the attachment registration (Supplementary registration) regarding Defendant JJ’s right to transfer ownership.

[Grounds for Recognition] between the Plaintiff and Defendant JJ: Confession

Between the Plaintiff and the Defendant: without dispute, entry of Gap evidence 1

2. Determination as to Defendant JJ’s claim against Defendant JJ

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

3. Determination on the claim against Defendant Republic of Korea

A. Determination as to the assertion of invalidity of false conspiracy

The plaintiff asserts that the provisional registration of this case between the plaintiff and defendant JJ was made as a false declaration of conspiracy without any legal ground, but there is no evidence to acknowledge this. Thus, the above assertion is without merit without further review.

B. Determination on the lapse of the exclusion period of the right to conclude the sales reservation

1) The right that may be effective as a result of the other party’s declaration of intent for the completion of the pre-sale agreement, namely, the right to conclude the pre-sale agreement, is a kind of right to form and conclude the pre-sale agreement, and if there is no such an agreement between the parties, it shall be exercised within the said period, and if there is no such agreement, within 10 years from the time of the establishment of the pre-sale agreement, and the right to conclude the pre-sale is extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 2000Da26425, Jan.

2) According to the above facts, Defendant J completed the provisional registration of this case on the ground of the trade reservation on October 9, 1997. Defendant JJ, unless there is any evidence to deem that Defendant J has exercised the right to conclude the trade reservation, the said right to conclude the trade reservation was terminated upon expiration of the exclusion period from October 9, 2007, when 10 years have elapsed since the date of the said trade reservation. Accordingly, Defendant JJ is obligated to implement the registration procedure of cancellation of the provisional registration of this case to the Plaintiff, and as long as the said provisional registration becomes null and void due to termination of the right to conclude the sale reservation, Defendant Korea, a third party with interest in the registration, who seized the above right to claim the transfer of ownership, has the obligation to consent to the procedure for cancellation registration of the Plaintiff as a substantive law.

4. Conclusion

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.