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(영문) 전주지방법원 2016.09.01 2016가단4015
가등기말소절차이행
Text

1. The Defendant brought an all-round indictment of Jeonju District Court on August 26, 1992 against the Plaintiff on the river 2,017 square meters in Jeonju-gun, Jeonju-gun.

Reasons

1. According to the purport of subparagraph 1 of the judgment on the cause of the claim and the entire pleadings, it is recognized that the Defendant completed the provisional registration of the right to claim ownership transfer on August 26, 1992 on the ground of the pre-sale promise on August 24, 1992 with respect to the land size of C river 2,017 square meters, the Plaintiff-owned.

The right to conclude a pre-sale is a kind of right to form a contract and has agreed upon the exercise period between the parties, within such period, or within 10 years from the time the reservation is made, unless there is such an agreement, and shall expire upon the lapse of the exclusion period, if such period expires.

In light of these legal principles, as long as the Defendant did not exercise the right to complete the pre-sale agreement even after the lapse of ten years from August 24, 1992, which was the date of the pre-sale agreement in this case, the Defendant’s right to complete the pre-sale agreement was extinguished due to the lapse of the exclusion period.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the above provisional registration to the plaintiff.

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

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