logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.04.24 2018가단4181
가등기말소등기
Text

1. The defendant on September 3, 2008, with respect to the real estate stated in the attached list to the plaintiff, machinery such as Daegu District Court Kimcheon Branch Office, etc.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Article 208(3)3 of the Civil Procedure Act (the right to conclude a pre-sale agreement is a kind of right to form a contract for sale and purchase, and if there is no such an agreement, it shall be exercised within 10 years from the date of establishment of the pre-sale agreement, and the right to complete the pre-sale agreement shall be extinguished upon the expiration of the exclusion period (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). Thus, unless there is any evidence to prove that the exercise period was agreed upon with respect to the right to complete the pre-sale agreement which is the cause of provisional registration stated in the order, the Defendant’s right to complete the pre-sale of real estate stated in the attached list shall be deemed extinguished upon the expiration of the exclusion period after the lapse of September 2, 2018, which is the date of the pre-sale agreement. Therefore, it is reasonable to deem that the Defendant is liable to implement the registration procedure for cancellation of the order to the Plaintiff).

arrow