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(영문) 수원지방법원성남지원 2019.01.15 2018가단210552
소유권말소등기
Text

1. On July 2002, the defendant, as to the building listed in the attached list, shall be the Suwon District Court's Sung-nam Branch of Gwangju District Court for the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer for the building listed in the attached list (hereinafter “instant building”) on or around June 17, 2002.

B. Around July 4, 2002, C completed the provisional registration of the right to claim ownership transfer of the building on the grounds of a pre-sale agreement (hereinafter “the provisional registration of this case”), and the Defendant received the registration of transfer of the above provisional registration on the grounds of transfer around March 9, 2017.

C. Meanwhile, the network D and the above C, which were the husband of the plaintiff, are all the members of the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C's partial testimony, purport of whole pleadings

2. Determination

A. Determination as to the cause of a claim 1) The right that may become effective as a trade by expressing the other party’s intent to complete the trade reservation in the unilateral promise for sale, i.e., the right to complete the trade reservation is a kind of right to form a contract between the parties, and if there is no such an agreement, it shall be exercised within 10 years from the time the reservation is made, and if there is no such agreement, the right to complete the reservation shall be extinguished upon the lapse of the limitation period, and the right to complete the reservation shall not be extinguished upon the expiration of the limitation period, and shall not be interrupted during the limitation period (see, e.g., Supreme Court Decision 200Da26425, Jan. 10, 203). 2) The fact that the Plaintiff is the owner of the building of this case, and the provisional registration of this case based on the trade reservation was completed around July 2002, as seen earlier.

In light of the above legal principles, the right to conclude the sales reservation, which is the cause of the provisional registration of this case, was extinguished as the lapse of the exclusion period.

Therefore, barring any special circumstance, the Defendant, who received the registration of transfer of the provisional registration of this case, is obligated to cancel the above provisional registration against the Plaintiff, who is the owner of the building of this case.B. Determination on the Defendant’s assertion 1) The Defendant on June 2002, is obliged to cancel the above provisional registration.

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