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(영문) 서울동부지방법원 2014.11.24 2013가단44585
소유권이전가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) A around 1970, D completed the registration of ownership transfer of the instant real estate. On May 12, 1984, D completed the provisional registration of this case in the Defendant’s future. At this time, D, along with the certificate of provisional registration rights, promised to receive KRW 29 million from the Defendant as deposit money and sell to the Defendant KRW 30 million, and if D, by August 10, 1984, did not pay the deposit money and the amount of damages agreed in advance, it shall be deemed that there was a declaration of intention to complete the sale on the following day, and the ownership shall be deemed transferred. (2) On the other hand, D completed the registration of ownership transfer claim under the name of the Defendant on January 7, 1984, and revoked the ownership transfer claim under the above provisional registration on April 14, 1984.

B. After that, around April 10, 2004, D voluntarily died by hiding the deceased’s property, and the Plaintiff, G, and H inherited the deceased’s property, a self-fluence of the deceased D (hereinafter “the deceased”).

(B) Among them, H reported the renunciation of inheritance to the Seoul Family Court after inheritance, and the same court accepted H’s report). [Grounds for recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 1, 2, and 3 (including each number), the inquiry results with respect to the Seoul Family Court Chief, and the purport of the entire pleadings.

2. The parties' assertion

A. The Defendant’s right to conclude the purchase and sale reservation based on the provisional registration of this case by the Plaintiff was extinguished after the lapse of ten years from May 12, 1984, the date of the pre-sale reservation, and the expiration of the exclusion period. Even if the provisional registration of this case is the security interest, the secured claim became extinct due to the completion of prescription. As such, the Defendant should implement the procedure for cancellation registration of the provisional registration to the Plaintiff, the deceased’s heir.

(b).

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