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(영문) 수원지방법원안양지원 2019.01.10 2018가단4374
가등기말소 등
Text

1. The Plaintiff:

A. As to the real estate stated in the attached list, Defendant B shall have the Suwon District Court's Ansan Registry on October 9, 1997.

Reasons

1. Basic facts - The Plaintiff completed the registration of initial ownership on December 23, 1978 on the real estate listed in the separate sheet (hereinafter “instant real estate”).

On October 9, 1997 with respect to the instant real estate, the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed under the name of the defendant B as of October 9, 1997, which was received on October 9, 1997 from the Suwon District Court, Suwon District Court, Ansan Registry, and the defendant B, as of October 9, 1997.

On August 30, 2004, Defendant Republic of Korea completed the attachment registration (Supplementary registration) regarding Defendant B’s right to claim the transfer of ownership.

[Based on the recognition] between the plaintiff and the defendant B: The fact that there is no dispute between the plaintiff of confession and the defendant, and the statement of Gap's evidence No. 1

2. Determination as to the claim against the defendant B

(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. The plaintiff alleged that the provisional registration of this case between the plaintiff and the defendant B was made with a false conspiracy without any legal ground, but there is no evidence to acknowledge it. Thus, the above assertion is without merit without any need to further examine.

B. Determination as to the argument regarding the lapse of the exclusion period of the right to the conclusion of the purchase and sale reservation. 1) The right which would have the effect of a sale by the other party to the purchase and sale reservation by expressing his/her intent to complete the purchase and sale reservation, i.e., the right to complete the purchase and sale reservation, within a certain period of time, if the other party to the purchase and sale reservation has agreed to do so, and within 10 years from the time the reservation was made, if no such agreement was made, and the right to complete the sale and purchase is extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 200Da26425, Jan. 10, 2003).

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