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(영문) 대구지방법원상주지원 2017.09.27 2017가단123
가등기말소
Text

1. The defendant on April 6, 197 with respect to one-half share of 1/2 of the 1990 square meters in the 1990 square meters in the Guyeong-si, the Daegu District Court shall make a registration office for the plaintiff.

Reasons

1. Basic facts

A. On April 2, 197, 197, the Plaintiff and D completed the registration of ownership transfer for each one-half share in the name of both the Plaintiff and D. On April 6, 197, the provisional registration of the right to claim ownership transfer was completed under the Defendant’s name on the ground that the Plaintiff’s share was “compensation for the registration of ownership transfer by sale”.

B. Of the instant land, D’s share was completed on December 10, 1990 to E, and the registration of transfer was completed on the same day to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 2-1, the purport of the whole pleadings

2. Determination

A. There is no dispute between the parties that the right to claim for the transfer registration of ownership completed under the name of the defendant to determine the cause of the claim is the meaning of the “compensation for the registration of transfer of ownership by sale”, which is the cause of the registration.

Meanwhile, the right to conclude a pre-contract is a kind of right to form and sell, if the parties have agreed to exercise the period within that period, or within 10 years from the date of establishment of the pre-contract if there is no agreement, and upon the expiration of that period, the right to conclude the pre-contract is extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 2016Da42077, Jan. 25, 2017), since it is apparent from April 2, 197, the right to conclude the pre-contract between the original and the Defendant was extinguished by the lapse of the exclusion period (see, e.g., Supreme Court Decision 201Da42077, Apr. 2, 197

B. As to the Defendant’s assertion, the Defendant agreed between the Plaintiff and the Plaintiff on the period for exercising the right to conclude a contract until the Defendant satisfies the requirements for acquiring farmland that could acquire the instant land, and the Defendant did not meet the above price up to now, and thus, the Defendant alleged that the period for exclusion of the right to conclude a contract has not expired, but that there was such agreement.

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