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(영문) 의정부지방법원 2018.06.26 2017가단18101
가등기말소
Text

1. The Defendants shall have jurisdiction over the Plaintiff with respect to the shares of 1/6 of each of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. H completed the provisional registration of the right to claim ownership transfer on December 18, 1981, No. 7649, which was received on December 23, 1981, with respect to each real estate listed in the separate sheet owned by I (hereinafter “the provisional registration of this case”).

B. H died on October 1, 1983, and the Defendants were the children of H, and their inheritance shares are 1/6, respectively.

C. On August 23, 2016, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. The right which shall have the effect of sale by the other party to the reservation for sale and purchase in the unilateral promise for sale and purchase as to the cause of the claim, i.e., the right to complete the sale and purchase promise, if it is a kind of creation right which shall have the effect of sale and purchase by the other party to the reservation, within such period, and if not, within 10 years from the time when the reservation is made, and the right to complete the reservation ceases to have the lapse of such period;

(See Supreme Court Decision 94Da22682 delivered on January 10, 195, etc.). The provisional registration of this case was completed on December 18, 1981 with respect to each real estate listed in the separate sheet on December 23, 1981 by the Health Team and the network H on December 18, 1981, with respect to this case, as seen earlier, and there is no assertion as to the fact that there was a separate agreement regarding the exercise period of the right to complete the purchase and sale. Thus, it is apparent that the right to complete the purchase and sale was extinguished with the ten-year limitation period from December 18, 1981, when the reservation was made.

Therefore, the provisional registration of this case completed to preserve the right to complete the reservation should be cancelled as the cause is invalid. The Defendants, the heir of the network H, shall be the Plaintiff, the owner of each real estate listed in the separate sheet, as to shares of 1/6 of each real estate listed in the separate sheet.

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