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(영문) 서울동부지방법원 2017.04.21 2016나4367
소유권이전등기말소 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except where the court revises part of the reasoning of the judgment of the court of first instance as follows and adds a decision on the plaintiff's argument in the trial of the court of first instance. Thus, it is acceptable in accordance with the main sentence

2. The corrected or added portion; and

(a) correct the “H”, “H”, “H”, “H”, and “H” of the 5th and 7th of the first instance judgment of the first instance court to “A”, respectively;

B. 1) Additional determination 1) The Plaintiff’s claim for ownership transfer registration is null and void upon the lapse of the exclusion period of the right to the right to the completion of the reservation itself and is no longer possible to establish a sales contract due to the exercise of the right to the completion of the reservation. Even if a separate sales contract was concluded between D and the Defendant after the expiration of the exclusion period of the right to the completion of the reservation, provisional registration completed in the future of Defendant A is still null and void. As long as the ownership transfer registration of this case completed in the future of Defendant A is the principal registration based on the provisional registration, the cause for the registration of ownership transfer is deemed to be a sales contract established due to the exercise of the right to the completion of the reservation of A. As such, each ownership transfer registration and provisional registration completed in the future of the Defendants is null and void. Accordingly, the Plaintiff seeks for the cancellation of the above registration on behalf of the Defendants as the creditors against D and their inheritors. 2) On the other hand, if provisional registration was completed for the purpose of preserving ownership transfer registration based on the pre-sale of real estate, if the right has become null and void.

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