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(영문) 수원지방법원 2017.07.18 2016가단44895
소유권이전등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The basic fact is that the Plaintiff was sold in lots from F and G on July 19, 2001, and agreed with the Defendants, each of the shares listed in the separate sheet, as the service area, to be transferred from each of the Defendants, who are their owners (hereinafter “instant sales contract”). The Plaintiff paid the purchase price in full pursuant to the above contract and completed the registration of transfer of ownership in the name of the Plaintiff for the above H land, may be recognized if there is no dispute between the parties, or if the purport of the entire pleadings is expressed in the evidence No. 1 and evidence No. 3, and evidence No. 1 to No. 4.

2. The assertion and judgment

A. According to the above basic facts, the Defendants are obligated to perform each of the respective shares indicated in the separate sheet to the Plaintiff, unless there are special circumstances, as to each of the shares indicated in the separate sheet.

B. The Defendants asserted that the Plaintiff’s right to claim for the transfer registration of ownership against the Defendants expired by prescription. Thus, according to the Plaintiff’s evidence No. 1, the Plaintiff could exercise the right to claim for the transfer registration of ownership from this point of time on the ground that the payment date of the remainder under the instant sales contract was set on October 30, 201.

It is clear in the record that the lawsuit of this case was filed ten years after the prescription period of the right to claim ownership transfer registration, and the plaintiff's right to claim ownership transfer registration against the defendants has expired by prescription.

The defendants' defenses are reasonable.

C. The Plaintiff asserts that the Defendants attempted to communicate with the Defendants to claim the registration of ownership transfer, but failed to complete the registration due to the lack of liaison, which constitutes grounds for interrupting extinctive prescription.

The extinctive prescription shall not run from the time when the right can be exercised because of the occurrence of objective rights, and it shall not run only while the right can not be exercised.

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