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(영문) 전주지방법원 2015.05.12 2015가단1453
가등기말소
Text

1. On April 13, 1981, the defendant charged the plaintiff with an all-round indictment of the Jeonju District Court on the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On April 13, 1981, the Defendant entered into a pre-sale agreement with the deceased on the purchase and sale of the real estate listed in the separate sheet (hereinafter “instant real estate”) from the deceased on April 13, 1981 (hereinafter “the deceased”). The Defendant agreed to have the deceased expressed his intention to complete the sale and purchase at the time of paying the said price, and on the same day, entered into the provisional registration of the right to claim the transfer registration (hereinafter “the provisional registration of the right to claim the transfer registration”) with the Jeonju District Court No. 24826, Apr. 13, 1981, to preserve the right to claim the transfer registration based on the instant pre-sale agreement.

B. Meanwhile, the Plaintiff inherited the instant real estate solely through an agreement on the division of inherited property with other co-inheritors after the deceased died.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. We examine the judgment, in the case of this case where the defendant's right to complete the reservation against the plaintiff is a kind of right to complete the reservation of this case, and there is no agreement between the parties as to the time of exercise, the right to complete the reservation of this case shall be exercised within 10 years from the date of the reservation of this case, and if the above period is over, the limitation period shall expire, and as seen above, the limitation period shall not be set out in the reservation of this case. It is apparent that the limitation period of the right to complete the reservation of this case has lapsed from April 13, 1981, which is the date of the reservation of this case. Thus, in the absence of any assertion and proof, the defendant's right to complete the reservation of this case under the reservation of this case has already ceased to be over the limitation period prior to its exercise, and thus the provisional registration of this reservation was also null and void.

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