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(영문) 수원지방법원성남지원 2017.11.15 2017가단11628
소유권이전등기청구권보전가등기의 말소
Text

1. The defendant, on June 27, 1987, filed with the plaintiff with Suwon District Court in relation to the area of 81 square meters prior to Gwangju City.

Reasons

On June 17, 1987, the Plaintiff promised with the Defendant to sell and purchase B B prior to Gwangju City (hereinafter “instant real estate”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) as of June 27, 1987, No. 16172, which was received on June 27, 1987 from the Suwon District Court, Sung-nam Branch Branch Office of Gwangju Branch, Seoul Branch of District Court, issued on June 27, 1987, with respect to the said real estate, the fact that the provisional registration of this case was completed on June 17, 1987, may be recognized by taking into account the dispute between the parties or the purport

The right to the completion of the pre-sale is a kind of right to form a trade, if there is an agreement between the parties within the period of exercise, and if there is no such agreement, within 10 years from the date of establishment of the pre-sale, the right to the completion of the pre-sale shall be exercised, and if such period has elapsed, the right to the completion of the pre-sale shall be extinguished due to the lapse of the exclusion period (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 200). As seen earlier, the right to the completion of the pre-sale agreement based on the provisional registration of this case shall be extinguished by the lapse of the exclusion period, and the fact that the pre-sale date, which is the cause of the provisional registration of this case, was June 17, 1987. As such, the right to the completion of the pre-sale agreement based on the provisional registration of

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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