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(영문) 광주지방법원 2018.08.22 2018가단508729
가등기말소
Text

1. The Defendants shall receive the registration office of the Gwangju District Court on November 23, 2007 with respect to the Plaintiff with respect to the area of 219 square meters in Gwangju Northern-gu D, Gwangju-gu.

Reasons

1. Basic facts

A. On June 27, 2001, the Plaintiff obtained a provisional attachment order of 2001Kadan14574 from this court on June 27, 2001, and completed a provisional attachment registration of 219 square meters in Gwangju-gu DJ 219 square meters.

B. The plaintiff filed a claim for payment order with respect to the damage claim, which is the preserved claim against the provisional seizure order, under the above provisional seizure order, and the above payment order was served on May 11, 2003 and confirmed on May 27, 2003.

C. On November 23, 2007, the Defendants completed the provisional registration of the right to claim ownership transfer on the same day as the receipt of the registration office of the Gwangju District Court on the same day based on the trade reservation on the instant real estate. D.

The owner E of the instant real estate died on October 28, 201 and became the inheritor of F, G, H, I, J, etc.

At present, the owner of the instant real estate is E.

[Grounds for recognition] Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. In the unilateral promise for sale, the right that the other party of the pre-purchases the effect of the sale by declaring the intention of completion of the pre-sale, that is, the right to conclude the pre-sale is a kind of right to form and exercise the period of exercise between the parties, if there is no such an agreement, it shall be exercised within such period, and if there is no such an agreement, within 10 years after the establishment of the pre-sale, the right to complete the pre-sale shall be extinguished upon the lapse of the exclusion period, and the expiration of the exclusion period

(2) In light of the above-mentioned facts, the pre-sale agreement of this case was concluded on November 23, 2007, and ten years have elapsed thereafter. In light of the above-mentioned facts, the pre-sale agreement of this case was concluded on November 23, 2007.

Therefore, the right to complete the instant reservation was extinguished upon the lapse of the exclusion period.

Even if the provisional registration of this case is made by the Defendants.

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