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(영문) 의정부지방법원 2015.09.11 2014나15270
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The defendant, by exercising the right to complete the purchase and sale reservation on September 25, 1998, was able to exercise the right to claim the principal registration on the land of this case against B from that time, and by failing to exercise it for ten years from that time, it was completed September 25, 2008," and "the extinctive prescription of the right to claim the principal registration on the ground of the provisional registration of this case was completed on September 25, 2008."

The part of Paragraph 2 below is explained again as to the defendant's argument in the trial court, and the decision of the court of first instance as to Paragraph 3 below is stated as follows.

B. With the exception of adding to the corresponding part of paragraph (2), it is identical to the part on the grounds of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. If the right to request the principal registration based on the provisional registration as to the claim for cancellation of the provisional registration of this case has expired due to the completion of the prescription, the owner of the real estate may claim the cancellation of the registration by asserting the expiration of the prescription period against the person holding the right to claim the provisional registration as a claim for exclusion of interference based on ownership (see, e.g., Supreme Court Decision 90Meu27570, Mar. 12, 1991). According to the above facts established, it is reasonable to view that the Defendant exercised the right to complete the pre-sale of purchase and sale on September 25, 1998 by exercising the right to claim the principal registration based on the provisional registration of this case against B from that time when it was able to exercise the right to claim the provisional registration based on the instant land of this case.

As seen in the subsection.

The defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case to B who is the landowner of this case, and the plaintiff is prior to the registration.

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