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(영문) 수원지방법원여주지원 2016.02.16 2015가단6809
가등기의 본등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on April 25, 2002, with respect to the portion of 1653/12793 out of the net G ownership (1/2) of H forest land (hereinafter “land before the instant partition”) in Echeon-si, Leecheon-si (hereinafter “instant land”).

B. After March 18, 2005, the land was divided into 10,810 square meters of I forest in the above H forest, and each of the land listed in the separate sheet (hereinafter “each of the instant land”).

C. The net G died on February 21, 2010, and the Defendant F, C, D, and E, the spouse’s children, were jointly inherited.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 (including all of the paper numbers), fact-finding results on Leecheon market, purport of the whole pleadings

2. The assertion and judgment

A. On the basis of the provisional registration of this case, the Plaintiff asserted that the Defendants had the right to complete the purchase and sale reservation within the exclusion period of 10 years after the date of the promise to sell and purchase the land prior to the instant partition, and thus, the Plaintiff sought to implement the registration procedure for ownership transfer based on the completion of the pre-sale agreement with respect to the shares of 1653/12793 out of the net G shares of each land of this case. The Defendants did not exercise the right to complete the purchase

In addition, the right to claim for ownership transfer registration based on the provisional registration of this case is a claim with ten years of extinctive prescription, and the extinctive prescription has expired from September 25, 2002, which is the date of the completion of a pre-sale contract, to the effect that the plaintiff cannot respond to the plaintiff's claim.

B. Article 564(1) of the former Civil Act provides that "a unilateral promise for sale shall take effect when the other party expresses his/her intention to complete the sale and purchase." The right of the other party to the purchase and sale, namely, the right to complete the sale and purchase promise, which shall have effect by expressing his/her intention to complete the sale and purchase contract, shall be a kind of right to form a contract, and the right to complete the sale and purchase promise shall be within that period when the parties

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