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(영문) 서울중앙지방법원 2014.11.21 2014가합523041
가등기말소
Text

1. As to the Plaintiff’s share of 0.8 percent of each real estate listed in the separate sheet:

A. Defendant B, C, D, and E.

Reasons

Basic Facts

The provisional registration of Defendant B, C, D, E, and Non-Party G was completed in the name of Defendant B, C, D, D, E, and Non-Party G, each of the real estates listed in the separate sheet before the Plaintiff’s division (hereinafter “instant real estates”) was divided into each land listed in the separate sheet on January 21, 1985, and the provisional registration of the right to claim for the transfer of shares was completed on January 23, 1985 by the Goyang Branch Branch of the Government District Court (hereinafter “the provisional registration of this case”).

On May 4, 1985, the Goyang Branch of the High Government District Court was issued on May 6, 1985, No. 28262 of the receipt on May 6, 1985, for the entire portion of the Plaintiff’s share 0.8/7 of the Plaintiff’s instant real estate.

[Based on recognition] Defendant C: A without dispute, the entire purport of the entries and arguments of Defendant B, D, E, and F as to the claim against Defendant B, D, E, and F under Article 150(3) of the Civil Procedure Act, as the Plaintiff and Defendant B, D, E, and F made a promise to sell and purchase the instant real estate as prescribed in Article 564 of the Civil Act; thus, the buyer’s promise to sell and purchase the instant real estate becomes effective.

I would like to say.

In other words, the right to complete the pre-sale is a kind of right to make the other party express his/her intention of the completion of the pre-sale and to make the effect of the sale; that is, the right to complete the pre-sale and to conclude the pre-sale within a certain period if it has been agreed between the parties, and within 10 years from the time when the pre-sale was made, unless otherwise agreed by the parties; and the right to complete the pre-sale

I would like to say.

However, Defendant B, D, E, and F concluded each purchase promise between the Plaintiff on January 21, 1985 and May 4, 1985, and made it based on the said purchase promise.

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