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(영문) 수원지방법원 안산지원 2021.02.17 2018가단11329
가등기말소등기절차이행
Text

1. The Defendants, on September 1, 197, shall be liable to the Plaintiff on September 1, 197 to the registration office of Suwon District Court in order to support the Plaintiff’s mountainous district court’s mountainous district court’s mountainous district court.

Reasons

1. Facts of recognition;

A. On September 10, 197, the deceased J completed the registration of transfer of ownership on the ground of sale on November 2, 1967 with respect to the land of 1662 square meters (hereinafter “instant land”).

B. As to the instant land on September 23, 197, Defendant B, H and net K, and L, on September 23, 197, the right to request for registration of transfer of ownership was completed on September 22, 197, with respect to the instant land (hereinafter “provisional registration of this case”).

(c)

The network K died on July 8, 2003 and succeeded to the property of the network K by Defendant C. The network L died on November 8, 201 and succeeded to Defendant D, E, F, and G’s property.

(d)

On May 16, 2018, the Plaintiff, the deceased J, completed the registration of the transfer of ownership on the land of this case on March 1, 1986 due to the division of consultation.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence Nos. 1, 3 through 5, and the purport of the whole pleadings

2. The right to conclude a pre-sale agreement with respect to the cause of a claim is a kind of right to form a contract and, if there is no such agreement, it shall be exercised within 10 years from the time the pre-sale agreement is established, and the right to complete the pre-sale agreement shall expire upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003). In this case, according to the facts found earlier, the right to complete the pre-sale agreement based on the pre-sale agreement, which is the cause of provisional registration of this case, may be exercised from September 22, 197, but it is apparent that the right to complete the pre-sale agreement has expired due to the lapse of the exclusion period. Thus, the right to complete the pre-sale agreement was extinguished due to the lapse of the exclusion period.

I would like to say.

Therefore, the Defendants are obligated to perform the registration procedure for cancellation of the instant A, etc. against the Plaintiff.

3. Determination as to Defendant B’s assertion

A. The summary of the argument is as follows: (a) Defendant B purchased the instant land by a M-friendly association whose representative is M-J, and (b) entrusted the owner’s name in the name of the deceased J; and (c) the deceased J.

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