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(영문) 서울중앙지방법원 2016.09.06 2016가단54979
가등기말소등기
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall have the ASEAN Branch Office of the Daejeon District Court.

Reasons

1. Facts of recognition;

A. On December 5, 2011, the Plaintiff completed the registration of ownership transfer on April 18, 201, following the procedure for inheritance consultation and division as a result of the death of C on December 5, 201 with respect to each share (7956/10, respectively) owned among each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On August 13, 1987, the Defendant completed the provisional registration of the full claim for C’s share (hereinafter “provisional registration of this case”) under the receipt of No. 18289 on August 14, 1987 by the Daejeon District Court’s Busan District Court Branch Office for the reason of purchase and sale reservation on August 13, 1987.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. Judgment on the parties' arguments

A. (1) The Plaintiff asserts that the right to conclude the instant provisional registration, which is the cause of the instant provisional registration, was extinguished by the 10-year exclusion period, and that even if the instant provisional registration is a provisional registration for security, the secured claim became extinct by the 10-year extinctive prescription period, and thus, the instant provisional registration becomes extinct by the 10-year statute of limitations.

(2) The defendant asserts that the provisional registration of this case was not completed because the right relationship of each of the co-owners of this case is complicated, such as where there are many and only no inheritors of each of the co-owners of this case, as he borrowed money to C and did not receive the money.

(b) the right which would become effective as a result of the other party’s declaration of the completion of the contract for sale and purchase; that is, the right to conclude the contract for sale and purchase is a kind of right to form and exercise within such period, if any, and within 10 years from the time when the contract for sale and purchase was made, if there is no such agreement, and the right to conclude the contract shall expire upon the lapse of the period of limitation; and

(See Supreme Court Decision 2000Da26425 delivered on January 10, 2003, etc.).

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