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(영문) 수원지방법원평택지원 2017.10.19 2016가단49400
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Basic facts

A. On April 27, 199, the Plaintiff entered into a contract with Defendant A for the acquisition of public land with respect to the buildings listed in the attached list owned by the said Defendant (hereinafter “instant building”), and paid compensation to Defendant A on May 13, 199.

B. Meanwhile, on November 5, 1998, as to the building of this case, the registration of transfer of ownership was completed under the name of the defendant C on November 6, 1998 under the name of Suwon District Court, Songwon District Court No. 32352 (hereinafter “the provisional registration of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3-1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a public site agreement with Defendant A on the instant building. As such, Defendant A is obligated to implement the procedure for registration of ownership transfer based on the agreement on the acquisition of public land. Meanwhile, Defendant C’s right to make a reservation based on the agreement on the purchase and sale of the instant building becomes extinct after the lapse of the exclusion period from November 5, 2008, when 10 years have passed from November 5, 1998 when the reservation was made, and thus, the Plaintiff’s right to make a reservation based on the agreement on the purchase and sale of the instant building was extinguished upon the lapse of the exclusion period from November 5, 20

B. The plaintiff's right to claim for the transfer registration of ownership against the building of this case was expired after ten years from May 13, 1999, when the period of the contract for the acquisition of public land was 10 years since the payment of the acquisition price through consultation, which was the date of the contract for the acquisition of public land.

Therefore, the claim against Defendant C is unlawful as there is no preserved claim.

3. Determination

A. The fact that the Plaintiff entered into a contract for the acquisition of land for the instant building as of April 27, 199 between Defendant A and Defendant A is as seen earlier, and this has the substance of a private sale or private contract between the Plaintiff and a private economic entity. Accordingly, it is related to the instant building based thereon.

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