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(영문) 서울남부지방법원 2020.12.11 2020가단221864
가등기말소
Text

The defendant shall receive on December 23, 198 from the Seoul Southern District Court as to the real estate stated in the attached list to the plaintiff.

Reasons

In the unilateral reservation for sale, the right of the contractor to make the trade effective by expressing his/her intention of completion of the reservation, that is, the right to conclude the reservation is a kind of right to form and exercise the exercise period between the parties, if there is no such an agreement, within such period, and within 10 years from the time the reservation is made, and the right to conclude the reservation shall expire upon the lapse of the exclusion period, and upon the lapse of such period, within the exclusion period, the period shall not be interrupted, such as extinctive prescription.

(2) In light of the above legal principles, the court below’s determination that the period of exclusion would have the effect of extinction of a right by itself, barring any special circumstance, since the period of exclusion would have the effect of extinction of a right by itself. Thus, the period of exclusion would have the effect of extinction of a right by itself. Thus, barring any special circumstance, barring any special circumstance, the starting point of starting the period is the time when the parties can exercise the right to complete a trade reservation, and even if a special agreement is made between the parties, the period of exclusion would expire upon the expiration of ten years from the date of the initial right, and it cannot be deemed that the period of exclusion would expire

[See Supreme Court Decision 94Da22682, 22699, Nov. 10, 1995 (Counterclaim)] With respect to real estate listed in the separate sheet, which the Plaintiff owned by his husband C, on December 23, 1988, the Defendant, on December 23, 1988, made a provisional registration of the right to claim transfer of ownership (hereinafter referred to as “provisional registration of this case”) as the Seoul Southern District Court No. 98643, Dec. 23, 198, on the ground of trade reservation as of December 22, 198, on December 23, 198; C died on January 30, 202; C acquired the ownership of the said real estate by inheritance between the parties. According to the above facts of recognition, the right to complete purchase and sale was established as of December 12, 198, and the period of exclusion expires as of December 12, 1982.

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