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(영문) 수원지방법원평택지원 2019.04.12 2018가단8113
가등기말소
Text

1. The Defendant shall receive, on May 10, 1980, the Suwon District Court in relation to the land size of 1203 square meters prior to Pyeongtaek-si Co., Ltd. from the Plaintiff.

Reasons

1. Examining the reasoning of the judgment as to the cause of the claim Gap's evidence No. 1 in addition to the whole purport of the pleadings, the defendant may recognize the fact that on May 10, 1980, the defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter referred to as "provisional registration of this case") on the real estate stated in the order of the plaintiff's ownership on May 10, 1980.

However, the right to conclude a pre-sale is a kind of right to form and sell, if there is an agreement between the parties, it shall exercise the right within the period, and if there is no such agreement, within 10 years from the date of establishment of the pre-sale, and upon the expiration of the period, the right to conclude the pre-sale ceases to exist due to the lapse of the exclusion period (see, e.g., Supreme Court Decisions 91Da44766, Jul. 28, 1992; 2000Da26425, Jan. 10, 2003). Unless there is any evidence to prove that the period of the pre-sale right, which is the cause of the provisional registration of this case, was agreed upon with respect to the right to conclude the pre-sale right, the Defendant’s right to conclude the purchase and sale of the real estate of this case, was extinguished after the lapse of the exclusion period after the lapse of May 7, 190, which was 190.

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

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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