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(영문) 서울중앙지방법원 2016. 09. 05. 선고 2016가단5140370 판결
매매예약완결권은 예약일로부터 10년이 경과 시 제척기간이 경과되어 소멸함.[국승]
Title

The right to the completion of the reservation for sale shall expire at the expiration of the exclusion period at the expiration of ten years from the date of reservation.

Summary

The right to the completion of the reservation for sale shall expire at the expiration of the exclusion period after the lapse of ten years from the date of the reservation.

Cases

2016-Ban-5140370 Provisional registration cancellation

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

2016.09.05

Text

1. The defendant implemented the procedure for the cancellation of the registration of the right to claim transfer of ownership, which was completed by the receipt ○○○○ on April 10, 1987, with respect to the land size of 565 square meters prior to ○○○○○○○○○○, Sungsung-si, ○○○○○, in the case of the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Cheongwon of the Gu

1. The amount of delinquent taxes that the Plaintiff seized on the real estate listed in the attached list, which is the property owned by Nonparty BB, (U.S. District Court Ma○○○○ on April 16, 2009) are as follows:

2. In the unilateral promise for sale, the right which would make the other party of the pre-sale effective by expressing his/her intention of completion of the pre-sale; that is, the right to conclude the pre-sale agreement is a kind of right to form and exercise within a certain period if the parties agree to exercise the rights; and if no such agreement exists, within 10 years from the time when the pre-sale was made; and when the period expires, the right to conclude the pre-sale shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003).

A. Nonparty BB entered into a pre-sale agreement with Defendant AA on ○ on 1987 with regard to the real estate listed in the separate sheet, and completed the provisional registration of the right to claim transfer of ownership on ○○ on 1987, Defendant AA on 1987.

B. The right to make an advance payment of the above sale has expired after the lapse of the exclusion period on ○. ○ of 1997, which was ten years from 10 October 1987, which was the date of the above advance payment.

C. Therefore, the provisional registration of the defendant's claim for transfer of ownership by the promise of purchase and sale No. 000 on ○○○○○ on ○○○ on ○○ on 1987 should be cancelled for the real estate listed in the attached list.

3. The plaintiff, as a tax claim of the non-party BB, filed the instant lawsuit in order to seek a judgment, such as the written claim in subrogation of the non-party BB.

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