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(영문) 수원지방법원 2018. 08. 09. 선고 2018가단524036 판결
(무변론판결) 매매예약 완결권의 제척기간이 경과하였으므로 이 사건 가등기는 말소되어야 함[국승]
Title

(Judgment without Oral Proceedings) The provisional registration of this case must be cancelled as the exclusion period of the right to conclude the sale reservation has expired.

Summary

(Judgment without Oral Proceedings) The right to complete a sale and purchase reservation shall, if it is a kind of right to form a contract between the parties, exercise the right within the period of exercise, if any, or within 10 years from the time when the reservation is established, and when such period has elapsed, the right to complete the reservation shall expire upon the lapse of the exclusion period.

Related statutes

Article 24 of the National Tax Collection Act

Cases

Cancellation of Provisional Registration

Plaintiff

○○ ○

Defendant

Dog Dog

Imposition of Judgment

August 9, 2018

Text

1. The defendant is against the non-party 1

(a) 28/209 shares in respect of real estate stated in paragraph 1 of the annexed list;

B. As to 36/270 shares in respect of real estate listed in paragraph 2 of the annexed list:

C. As to the real estate stated in paragraph (3) of the attached list, 111/834 shares

The registration office of the Do governor in the Do governor in the Seoul Special Metropolitan City and the Do court in the Seoul Special Metropolitan City on August 14, 1997

The procedure for each cancellation registration of provisional registration shall be implemented.

2. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

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

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