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Title
The right to the completion of the reservation for sale is extinguished after the expiration of the exclusion period of ten years from the date of the reservation.
Summary
The right to complete the pre-sale agreement is terminated after the lapse of the exclusion period from the date of the reservation, and thus, it is possible to seek cancellation of provisional registration on behalf of the debtor. However, if the creditor seeks cancellation of provisional registration on behalf of the debtor, he/she may seek cancellation
Cases
2019 Ghana of provisional registration 11017
Plaintiff
Korea
Defendant
OO
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
September 4, 2019
Text
1. The defendant will implement AA with regard to the registration procedure for cancellation of the provisional registration of the right to claim transfer of shares completed by the O District Court OOOOOO.O.O.O.O.O.O.O.O.O.O.O.O.O.O.O.O.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The defendant will implement the procedure for cancellation registration of the right to claim transfer of ownership completed by O.O.O.O.O.O. receipt No.O.O.O.O.O.O. on the real estate listed in the attached list to AA.
Reasons
1. Indication of claim;
The reasons for the attached Form shall be as shown in the attached Form.
2. Applicable provisions;
Articles 208(3)1 and 257 of the Civil Procedure Act
3. Determination on partial dismissal
As stated in the separate sheet, the defendant who completed the claim as to the 1/2 share of the real estate stated in the separate sheet.
Although seeking the cancellation of the provisional registration of ownership transfer claim as a whole, the cause of the claim is seeking the cancellation of the above provisional registration by subrogation of AAA, among the real estate listed in the attached list, only the provisional registration of 2/14 shares of AA holder among the real estate listed in the attached list can be sought, and the provisional registration of the remaining 5/14 shares cannot be claimed for the cancellation. Accordingly, the plaintiff's claim is accepted within the extent of the above recognition.