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(영문) 대구지방법원영덕지원 2015.02.10 2014가단2339
가등기말소
Text

1. The defendant, on March 21, 198, filed with the plaintiff with respect to the 1,379 square meters of land in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Daegu District Court (Seoul District Court).

Reasons

1. Indication of claim;

A. On March 13, 198, the Defendant entered into a pre-sale agreement with the Plaintiff’s father D with respect to the 1,379 square meters of land in Yeongdeungpo-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the provisional registration on March 21, 198, on the provisional registration of preservation of the right to claim for ownership transfer registration (hereinafter “the provisional registration of this case”).

B. Since then, the above D agreed with the Defendant to lose the validity of the above sales reservation.

C. The provisional registration of this case is not only the registration of invalidity that caused the cause of registration, but also the right to complete the reservation based on the pre-sale agreement was extinguished upon the lapse of ten years, which is the exclusion period of the right to complete the pre-sale agreement.

Therefore, the defendant is entitled to the above A.

The Plaintiff, the owner of the real estate stated in the subsection, is obligated to implement the procedure for registration of cancellation of the provisional registration of this case.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act;

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