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(영문) 수원지방법원성남지원 2013.02.15 2012가단210444
가등기말소
Text

1. The defendant shall receive on February 19, 199 from the Suwon District Court registry office as to the real estate stated in the attached list B.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim of KRW 2,027,774,681 (Seoul Central District Court Decision 2008Gadan61705) to B.

B. On February 18, 1999, B entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the provisional registration of the right to claim transfer of ownership on the ground of the said pre-sale agreement (hereinafter “the provisional registration of this case”) with the Suwon District Court Registry No. 15906 on February 19, 199.

C. On November 27, 2012, the Defendant completed the principal registration based on the provisional registration of this case (hereinafter “the principal registration of this case”) under the Suwon District Court's Suwon District Court's Port Office (No. 17498, Nov. 27, 2012).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, purport of whole pleadings]

2. The right that may become effective as a result of the other party’s declaration of intent to complete the sale and purchase reservation, that is, the right to complete the sale and purchase reservation, if the other party has agreed to exercise the right within the period of exercise, or within 10 years from the time when the reservation is made, if no such agreement is made, and the right to complete the sale and purchase shall expire upon the lapse of the period of limitation;

The right to complete the purchase and sale reservation of the instant real estate held by the Defendant has ceased to exist after the lapse of the exclusion period from February 18, 1999, which was the date of sale reservation. The provisional registration of this case and the principal registration of this case are the registration invalid.

Therefore, in this case where the plaintiff seeks the cancellation of the provisional registration of this case and the principal registration in subrogation of B, the defendant is obligated to implement the procedures for the provisional registration of this case and the cancellation registration of principal registration.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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