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The defendant shall make a registration office of Suwon District Court on August 2, 2007 with respect to each real estate listed in the attached list B to the corporation.
Reasons
1. Facts of recognition;
A. On March 19, 2014, the Plaintiff seized each of the real estate listed in the separate sheet owned by the instant company (hereinafter “each of the instant real estate”) as a national tax creditors with an aggregate amounting to KRW 399,04,480,00 in corporate tax imposed on B Co., Ltd. (hereinafter “instant company”).
B. The Defendant made a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) under the receipt of No. 30424 on August 13, 2007, on the ground of the promise to sell and purchase shares of 399/1720 shares of each of the instant real property (hereinafter “instant promise to sell and purchase”).
C. The aggregate amount of active assets of the instant company is equivalent to KRW 119,522,280, which does not reach the amount of the Plaintiff’s claim. The instant company is currently insolvent.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
(a) a right which would become effective as a result of a trade by declaring the intention of completion of the trade reservation in the unilateral promise, that is, the right to conclude the trade reservation is a kind of right to form and exercise the exercise period between the parties, if any, within such period, and within 10 years from the time when the reservation is made, if there is no such an agreement, and the right to complete the trade is extinguished upon the lapse of such period;
B. (See Supreme Court Decision 2000Da26425 delivered on January 10, 2003).
According to the above facts, insofar as there is no evidence to deem that the Defendant and the instant company separately agreed on the exercise period of the right to conclude the instant purchase and sale agreements, the right to conclude the purchase and sale agreements on 399/1720 shares of each of the instant real estate between the Defendant and the instant company was extinguished due to the lapse of the exclusion period as of August 9, 2017, which was 10 years from August 9, 2007, the date of the promise to sell and purchase, as of August 9, 2017.
Therefore, this case as the owner of each real estate of this case.