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(영문) 창원지방법원통영지원 2016.05.03 2015가단9058
소유권이전청구권가등기말소
Text

1. The defendant shall receive on April 30, 2002 from the plaintiff on the Changwon District Court's high-level registry office with respect to the area of 208 square meters, which is 308 square meters prior to Sejong-gun, Chungcheongnam-gun.

Reasons

The Plaintiff, as the owner of 208 square meters (hereinafter “instant real estate”), prior to Gyeongnam-gun, Gyeongnam-gun, the Plaintiff completed a provisional registration on April 26, 2002 (hereinafter “the provisional registration of this case”) on the ground of the pre-sale agreement (hereinafter “the provisional registration of this case”).

(C) The plaintiff asserts that the provisional registration of this case should be cancelled due to the expiration of the exclusion period of the right to complete the purchase and sale reservation, and that the defendant agreed to exercise the right to complete the purchase and sale reservation by April 25, 2032, and that the exclusion period has not yet expired.

The purpose of the exclusion period is to promptly determine legal relations by allowing a right holder to exercise his/her right as soon as possible. Unlike the effect of extinction due to the passage of a certain period and the non-exercise of a right, the passage of such period itself brings about the effect of extinction of a right. As such, the starting point of running the period is when a right occurs in principle, barring any special circumstance. Even if the parties have expressly agreed upon the timing to exercise the right to conclude a pre-sale contract, the exclusion period shall expire at the expiration of 10 years from the date of the initial right, but it shall not be deemed to expire at the expiration of the ten-year period from the date of the exercise of the right pursuant to the agreement.

[Judgment 94Da22682, 22699, Nov. 10, 1995 (Counterclaim)] Eul evidence 1 is acknowledged as having agreed between the Plaintiff and the Defendant to exercise the right to conclude a pre-contract until April 25, 2032, but in light of the above legal principles, the right to conclude a pre-contract by the Defendant is not deemed to exist within the period agreed upon by the Plaintiff and the Defendant, and the right to conclude a pre-contract by the Defendant was extinguished by ten years from April 26, 2002, which was its establishment date, as of April 25, 2012.

I would like to say.

Therefore, this case.

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