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(영문) 전주지방법원 2016.07.20 2015가단31959
가등기말소등기
Text

1. C:

A. Defendant A received on June 27, 2002 from the Jeonju District Court Kim Jong-dong Office with respect to the land size of 4,257 square meters in Kim Jong-si.

Reasons

1. Facts of recognition;

A. On June 26, 2002 with respect to the real estate listed in Section 1(a) of Disposition A (hereinafter “Real Estate No. 1”), on June 26, 2002, the provisional registration stated in Section 1(a) of Disposition No. 1 (hereinafter “instant provisional registration”) (hereinafter “instant provisional registration”) was entered on June 26, 200, with respect to the real estate listed in Section 1(b)(1) of Disposition No. 1-B (hereinafter “Real Estate No. 2”), and the provisional registration described in Section 1(b)(1) of Disposition No. 1-B (hereinafter “instant provisional registration”) on June 26, 202 on the ground of the purchase and sale promise, and the provisional registration stated in Section 1(2) of Disposition No. 1-B (hereinafter “Real Estate No. 3”) on each of Disposition No. 3 (hereinafter “instant reservation”) on each of the instant real estate No. 1(hereinafter “PP”).

B. On March 22, 2012, the Plaintiff filed a lawsuit seeking reimbursement against C by the Jeonju District Court 201Da41910, and received a judgment ordering C to pay damages for delay of KRW 170,592,382 and KRW 81,261,301 among them, which became final and conclusive on May 5, 2012.

(c) C is currently in excess of its obligations.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 3, Gap evidence 2 and 3, the purport of the whole pleadings

2. The right to make the other party to the purchase and sale effective by declaring his/her intention of completion of the purchase and sale contract in the unilateral promise for sale and purchase as to the cause of the claim, that is, the right to complete the sale and purchase promise, if any, is a kind of creation right and the exercise period between the parties, and if there is no such an agreement, it shall be exercised within 10 years from the time the reservation is made and when the period expires, the right to complete the purchase and sale will lapse.

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