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(영문) 제주지방법원 2018.03.12 2017가단62077
가등기말소
Text

1. The defendant on March 4, 1999 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Indication of claim;

A. On February 5, 1999 with respect to the real estate listed in the separate sheet, the Plaintiff-owned (hereinafter “instant real estate”), the Jeju District Court Seopopool registry office, which received on March 4, 199 and completed the provisional registration of the Defendant’s right to claim transfer of ownership (hereinafter “instant provisional registration”) (hereinafter “instant provisional registration”).

(b) the right to make a full reservation is a kind of right to form an agreement between the parties, if any, within the period of time, or within 10 years from the time when the reservation is made, if no such agreement is made, and the right to full reservation becomes extinct upon the lapse of the exclusion period.

(See Supreme Court Decision 2000Da26425 Decided January 10, 2008). C.

The provisional registration of this case was based on the pre-sale agreement on February 5, 1999, and the defendant's right to complete the pre-sale agreement was extinguished due to the lapse of the exclusion period because it did not exercise the right to complete the pre-sale agreement within the exclusion period.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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