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(영문) 춘천지방법원강릉지원 2016.10.05 2016가단3009
가등기말소
Text

1. The defendant received on July 13, 2001 from the plaintiff with respect to the area of 450 square meters prior to Gangseo-si, Gangnam-si.

Reasons

1. Facts of recognition;

A. On December 6, 2013, the Plaintiff completed the registration of ownership transfer due to a compulsory sale by official auction on December 5, 2013 with respect to the area of 450 square meters (hereinafter “instant real estate”).

B. On July 13, 2001, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the instant real estate as the receipt of the Gangnam District Court Branch Branch Office No. 23829, Jun. 30, 2001.

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

2. According to the facts of the above recognition, the right to complete the reservation based on the pre-sale agreement of June 30, 2001, which was the cause of the provisional registration of this case, expired at the expiration of the exclusion period, 10 years from the date of establishment of the pre-sale agreement, and thus, the defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case

3. Conclusion, the plaintiff's claim is justified and acceptable.

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