Period of Exclusion of Right of Contract Conclusion

Even if a special agreement is made between the parties to exercise the right to conclude a trade reservation, the exclusion period shall expire upon the expiration of the ten-year period from the date of the initial right.

Article 564 of the Civil Act

2015 group 21273 Cancellation of provisional registration

Korea

AA

December 16, 2015

on January 27, 2016

1. The defendant will implement the procedure for registration of cancellation of provisional registration with respect to the 1/2 share of ownership transfer claim completed under No. 10237 of the receipt of August 11, 1994 with respect to each real estate listed in the separate sheet to AA.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

1. Basic facts

A. AA is in arrears with global income tax and capital gains tax for up to six cases, and the base tax in arrears on May 20, 2015 reaches KRW 582,181,550.

B. On August 11, 1994, AA completed a provisional registration of the right to claim ownership transfer (hereinafter referred to as the "provisional registration of this case") on August 26, 1990 with respect to each one-half share of the real estate listed in the separate sheet (hereinafter referred to as "real estate of this case"), which was owned by BB and CCC, on August 11, 1994.

C. On December 13, 2003, the defendant acquired the right under the provisional registration of this case from BB on December 13, 2003, and made a supplementary registration of transfer of right on the provisional registration on December 15, 2003.

D. Meanwhile, AA has no particular property other than the instant real property.

[Ground of recognition] Unsatisfy, Gap's statements 1 and 2

2. Determination

In the unilateral promise for sale, the right which would have the effect of sale by the other party of the pre-contract for sale and purchase is a kind of right to conclude the pre-contract for sale and purchase, i.e., the right to conclude the pre-contract for sale and purchase, if there is no such an agreement between the parties, shall exercise it within 10 years from the date of establishment of the pre-contract for sale and purchase, and upon the expiration of such period, the right to conclude the pre-contract for sale and purchase shall be extinguished upon the expiration of the exclusion period. Furthermore, the purpose of the exclusion period is to promptly determine legal relations by allowing the right holder to exercise the relevant right promptly. Unlike the lapse of a certain period and the circumstances such as non-exercise of the right, the extinction of the right will bring about the effect of extinction of the right immediately after the lapse of the period, barring special circumstances. Even in cases where there is a special agreement between the parties on the timing to exercise the right to conclude the pre-contract for sale and purchase, the exclusion period may not be extended from the expiration of the period exceeding 10 years prior to the expiration of the period (see, 20.

In light of the above legal principles, the Defendant’s right to complete the purchase and sale reservation that the Defendant acquired with BB shall expire on August 25, 2000, which was the date of the promise to trade between BB and AB, from August 26, 1990, and the expiration of the exclusion period. In other words, the agreement between AA and the Defendant as stated in the evidence No. 1 is the same as that between AA and the Defendant at the request of the Defendant, and the conclusion is not different even if there was an agreement to complete the principal registration based on the provisional registration of this case at the request of the Defendant.

Therefore, the defendant is obliged to cancel the provisional registration of this case at the request of the plaintiff seeking the cancellation of the provisional registration of this case in lieu of AA.

3. Conclusion

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.