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1. The Defendant (Counterclaim Plaintiff) is the Incheon District Court regarding the real estate stated in the attached list to the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 28, 1981, the Plaintiff occupied and cultivated the said real estate as the owner of the instant real estate, which completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (when collectively named, Incheon-gun G and H, hereinafter “instant real estate”).
B. On February 16, 1990, the Defendants made a promise to sell and purchase the instant real estate between the Plaintiff and the Plaintiff, and completed a provisional registration on May 17, 1990 to preserve the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on the ground of the said promise to sell and purchase the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination on the main claim
(a) The right that would have the effect of a trade by expressing the other party to the reservation for trade in the unilateral reservation for trade; that is, the right to conclude the reservation for trade is a kind of right to form a contract and, if not, within that period, within that period; if no such agreement is made, within 10 years from the time the reservation is made; and when such period expires, the right to complete the reservation shall expire upon the lapse of the exclusion period;
The purpose of the exclusion period is to promptly determine the legal relationship by allowing the right holder to exercise his/her right as soon as possible. As such, unlike that the extinctive prescription brings about the effect of extinction due to the passage of a certain period and the non-exercise of the right, the passage of such period itself brings about the effect of extinction of the right. As such, the starting point of running the period is, in principle, the time when the right has occurred, and the exclusion period is, even if there is a special agreement between the parties to exercise the right to complete the purchase and sale reservation,