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(영문) 수원지방법원 2018.04.20 2016가단7421
가등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 1995, the registration of ownership transfer was completed on October 16, 1995 with respect to each real estate listed in the separate sheet (hereinafter “each land of this case”).

B. The Defendants completed the provisional registration of the right to claim ownership transfer on September 1, 1998, which was received on September 16, 1998 from each of the instant lands by the Suwon District Court, Suwon District Court, Port Office, and Port Office, which was received on September 16, 1998 (hereinafter “each of the instant provisional registrations”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. Under Article 564 of the Civil Act, the right to make a reservation, which is a right that may have the effect of the sale by expressing the other party’s resolution on the completion of the sale and purchase, is a kind of creation right which shall have the effect of the sale and purchase, within such period, and within 10 years from the time the reservation is made if there is no such an agreement, and the right to make a reservation shall be extinguished upon the lapse of the exclusion period, if the said period has elapsed.

B. The defendants completed each provisional registration of this case on September 1, 1998 on the ground of the pre-sale agreement. Thus, the defendants' right to the pre-sale agreement was terminated on September 1, 2008 when the exclusion period of 10 years from September 1, 1998 expired from September 1, 1998, and unless there are special circumstances, each of the provisional registrations of this case is invalid, and as long as the exclusion period of the above right to the completion of the pre-sale agreement expires, each of the provisional registrations of this case is invalid, the defendants are obligated to implement the procedure for the cancellation registration of each of the provisional registrations of this case to the plaintiff.

3. The defendants' assertion and judgment

A. The Defendants asserted that each of the instant land was used as the parking lot for BM apartment residing by the Defendants, and the Defendants’ assertion that each of the instant land was completed in the future, and the Plaintiff made title trust from the said BL.

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