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(영문) 울산지방법원 2014.12.19 2014가단18710
가등기말소등기
Text

1. The defendant received on October 6, 1989 from the Ulsan District Court with respect to each real estate listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant were married on April 14, 1978, and they currently proceed with litigation, such as divorce.

[Ulsan District Court 2014dern922, 10304 (Counterclaim)] b.

Attached Form

On August 24, 1984, with respect to each real estate listed in the list (hereinafter referred to as the "real estate in this case"), the registration procedure for ownership transfer was completed in the name of the plaintiff.

C. The provisional registration of the right to claim the transfer of ownership in the name of the defendant was completed on the ground of the "sale reservation as of October 4, 1989" (hereinafter the "sale reservation in this case"), which was received on October 6, 1989 by the Ulsan District Court No. 795, Oct. 6, 1989.

(hereinafter referred to as the provisional registration of this case). [The ground for recognition] No dispute exists, each of the evidence Nos. 1, 2, 5, and 6-1, 2, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. As to the false registration assertion, the Plaintiff asserts to the effect that “the Defendant, without any title, forged the documents for the cause of the provisional registration of this case and completed the provisional registration of this case by using the Plaintiff’s seal imprint certificate.”

It is not sufficient to acknowledge the provisional registration of this case with Gap evidence No. 4 after examining whether the defendant forged the document that caused the provisional registration of this case and completed the provisional registration of this case. Since there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

B. (1) As to the exclusion period and argument, (a) the right of the contractor’s counterpart to the unilateral promise for sale and purchase, i.e., the right to complete the sale and purchase promise, where the parties agree to the exercise period, within that period, and within 10 years from the time the reservation is made, if no such agreement is made; and (b) the right to complete the sale will expire upon the lapse of the exclusion period.

Supreme Court Decision 2000Da26425 Delivered on January 10, 2003

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