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(영문) 서울동부지방법원 2017.03.31 2016나22907
가등기의말소등기절차이행청구
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2.On the basis of the selective claims added in the trial:

Reasons

Facts of recognition

Plaintiff

The provisional registration of the right to claim transfer of ownership based on the trade reservation was completed in the name of Y on February 20, 1974 with respect to each real estate listed in the separate sheet owned by the Seoul East Eastern District Court, Songdong District Court No. 6047, Feb.

(hereinafter “instant provisional registration”). Y died on September 29, 1990.

The defendants are successors of the deceased, and their inheritance shares are as shown in the attached Form.

[Ground of recognition] In light of the facts without dispute, Gap 3 through 30 evidence (including each number), Gap 2-1 through 4, and 31 evidence and the whole purport of the pleadings, the claims secured by the provisional registration of this case can be acknowledged as established on February 20, 1974, and it is clear that ten years have passed since the expiration of the extinctive prescription period.

Even if the secured obligation was partially repaid on December 18, 1989, it is clear that ten years have passed thereafter.

Defendant V asserts to the effect that the statute of limitations does not run since the provisional registration of this case is in accordance with an agreement to pay 1/2 of profits when selling and selling each real estate listed in the separate sheet.

In this regard, there is no evidence to prove the above defendant's assertion.

The above defendant's assertion in this part is rejected.

Even if the provisional registration of this case is the provisional registration for the preservation of order, not the provisional registration for security, the right to complete the reservation held by the other party of the contractor is the right to form a purchase and sale, and if it is not exercised within 10 years from the time the reservation is established, the right to complete the reservation will lapse

However, the deceased did not exercise the right to complete the pre-sale until the lapse of ten years from February 20, 1974, which was the pre-sale date.

Since the secured claim has expired by prescription or the right to complete the reservation has expired by the expiration of the exclusion period, the provisional registration of this case shall be cancelled in writing.

Therefore, the defendants' shares of inheritance by each defendant in the attached Form among each real estate listed in the attached Form to the plaintiff.

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