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(영문) 서울북부지방법원 2015.11.10 2015가단32902
가등기의 말소등기절차이행
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall file for the registration of the name of the mine in the Suwon District Court.

Reasons

1. As to the real estate listed in the separate list of basic facts (hereinafter “instant real estate”), the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the name of the defendant on February 27, 1997, based on the trade reservation on the same day, was completed on February 27, 1997, may not be disputed between the parties, or may be recognized by the statement in the evidence No. 1.

2. The parties' assertion and judgment

A. The Plaintiff asserts that the right to conclude a provisional registration of this case was extinguished after the lapse of ten years from February 27, 1997, and the Defendant’s claim that the cancellation procedure of the provisional registration of this case should be fulfilled.

As to this, the defendant asserts that the plaintiff agreed on February 25, 2006, before the expiration of the above exclusion period, to extend the period for exercising the right to conclude the purchase and sale reservation to February 27, 2017, and thus, the plaintiff cannot respond to the plaintiff's claim of this case.

(b) The right that 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, if any, is a kind of right to form and exercise the period of exercise between the parties, and if there is no such an agreement, it shall be exercised within 10 years from the time of the establishment of the contract, and the right to complete the contract shall expire upon the expiration of the period of limitation.

The purpose of the exclusion period is to determine the legal relationship as soon as possible by allowing the right holder to exercise the relevant right promptly. Unlike the fact that the extinctive prescription has an effect of extinction due to the passage of a certain period and the circumstances that the non-exercise of the right, the passage of the period itself would bring about the effect of extinction of the right. Therefore, in principle, the starting point of running the period is the right unless there are special circumstances

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