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(영문) 창원지방법원거창지원 2016.12.20 2016가단1873
소유권이전청구권가등기말소
Text

1. The Defendant, on December 4, 2002, shall provide the Plaintiff with the equipment, such as Changwon District Court Branching the Changwon District Court, with respect to the size of 846 square meters in Chungcheongnam-gun, Seoul Special Metropolitan City.

Reasons

1. Indication of claim;

A. On October 10, 2016, the Plaintiff purchased the instant land during the compulsory auction procedure for real estate with respect to the area of 846 square meters (hereinafter “instant land”).

B. Meanwhile, on December 4, 2002, the Defendant completed the provisional registration of the right to claim ownership transfer on the same day’s reservation as to the instant land.

(c) the right to conclude a pre-contract is a kind of right to form a contract and has agreed upon the exercise period between the parties, if not, within 10 years of the establishment of the pre-contract, and upon expiration of that period, the right to conclude the pre-contract shall become extinct upon the lapse of the exclusion period.

On December 4, 2012, the defendant's right to conclude a pre-sale agreement was extinguished after the lapse of the exclusion period from December 4, 2012, which was 10 years from the time of the establishment of the pre-sale agreement.

Therefore, the Defendant is obligated to implement the cancellation registration procedure on December 4, 2012 on the registration of the provisional price for the right to claim ownership transfer stated in the order that completed with respect to the instant land by the Plaintiff.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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