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(영문) 청주지방법원 2017.05.16 2016가단114453
가등기에 기한 본등기청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. On June 2, 1989, the Plaintiff filed a pre-sale agreement with the Defendant for the purchase and sale of the land of 152 square meters (hereinafter “instant land”) with the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”). As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer on the ground of the completion of the pre-sale agreement on June 2, 1989 with respect to the provisional registration stated in the purport of the claim (hereinafter “the instant provisional registration”).

In this regard, the defendant asserts that the plaintiff's right to claim for the transfer of ownership has expired after the expiration of the ten-year statute of limitations from June 2, 1989.

B. On June 2, 1989, the Plaintiff entered into a pre-sale agreement with the Defendant with regard to the instant land, and completed the provisional registration of this case made on June 7, 1989 on the ground of the pre-sale agreement.

Article 1 The buyer shall fix a time limit of KRW 100,00 and pay the above price to the seller at the address of the seller at the same time as the buyer has declared his/her intention to complete the sale and purchase at the same time, and in cases where there has been an expression of intention to complete the sale and purchase under the preceding Article 2, the ownership of the real estate to be sold is to be transferred to the buyer on this condition, and the seller shall immediately file an application for the registration of ownership transfer of the said real estate with the buyer, and the buyer shall pay the seller KRW 100,00 to the seller at the same time as the deposit in the establishment of this reservation and at the same time the seller shall receive it, at the same time as the deposit in the establishment of this reservation, pay the seller KRW 10,00 to the seller, and the parties shall make a provisional registration for the purpose of preserving his/her right (based on recognition),

C. According to the above facts of recognition, the Plaintiff, on June 2, 1989, expressed its intent to complete the pre-sale by paying KRW 100,000 to the Defendant.

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