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(영문) 서울남부지방법원 2017.12.06 2017가단11814
가등기말소
Text

1. The Plaintiff:

A. Defendant B shall enter the attached list in the attached list

1. The Suwon District Court's Ansan Branch with respect to real estate; and

Reasons

1. Facts of recognition;

A. On March 10, 1997, the Plaintiff entered the attached list to Defendant B.

1. As to the real estate (hereinafter “real estate 1”), Suwon District Court No. 10834, which received the name registry office of the Suwon District Court branch, completed the provisional registration of the right to claim ownership transfer on March 5, 1997 (hereinafter “provisional registration”) on the ground of trade reservation.

B. On March 10, 1997, the Plaintiff’s list to Defendant C, D, and E

2. On March 5, 1997, Suwon District Court No. 10835, the registration office of the name transfer of ownership was received with respect to the real estate (hereinafter “second real estate”) and the provisional registration of the right to claim ownership transfer (hereinafter “second provisional registration”) was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2 and the purport of the whole pleadings

2. Determination

(a) the right to make a reservation is a kind of right to form a purchase and sale, if the parties have agreed on the exercise period, within that period, or within 10 years from the date of establishment of the reservation, if any, and upon the expiration of that period, the right to make a reservation ceases to exist due to the lapse of the limitation period;

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

Each of the provisional registrations of this case is based on the pre-sale agreement on March 5, 1997, and it is difficult to view that the right to complete the pre-sale agreement was exercised within the exclusion period.

In addition, even if the provisional registration of security and the secured debt have not been repaid as alleged by Defendant E, the secured debt in the reverse water seems to be extinguished by the expiration of the ten-year statute of limitations.

Therefore, the Defendants are obligated to cancel each provisional registration of this case to the Plaintiff.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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