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1. The claims against the Defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 29, 2004, the Plaintiff made a promise to sell and purchase the instant land from the Defendants on July 29, 2004, and agreed on July 29, 2005 to complete the sale of the instant land. Therefore, barring any special circumstance, the Defendants are obligated to transfer ownership to the Plaintiff, the buyer of the instant land, as a seller.
2. Although the defendants' defense of extinctive prescription was established on July 29, 2005 on the judgment of July 29, 2005, the plaintiff's lawsuit that was filed after the lapse of the ten-year extinctive prescription period is unreasonable is justified unless there are special
3. The plaintiff's second defense judgment
A. Even if the Plaintiff asserted that he was entitled to the registration of ownership transfer due to the performance of the sale, it would lose ownership by the exercise of the right to collateral security of community credit cooperatives already established, and thus, the Plaintiff was required to cancel the right
Accordingly, when co-owners of the instant land, including the Defendants, enter into a sales contract with (ju) E and F reconstruction Promotion Committee to purchase the main complex building 603, which was newly constructed on the instant land with permission, on August 2, 2004, the Plaintiff and the Plaintiff, E and Defendant B as the chairperson, etc. agreed to jointly and severally pay KRW 35,00,000 to jointly and severally repay the secured debt amounting to KRW 35,00,000.
However, since the right to collateral security was cancelled on June 14, 2007 and thus the condition of suspension of sale was fulfilled, the plaintiff can exercise the right to claim ownership transfer registration from the sale, and the lawsuit of this case was filed within 10 years of extinctive prescription.
The plaintiff is mixed with the argument that the cancellation of the right to collateral security is a condition precedent, and thus the plaintiff's right to claim the transfer of ownership is concurrently performed with the plaintiff's right to claim the transfer of ownership.