가등기에 기한 본등기절차 이행
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons for the court's explanation concerning this case are as follows: ‘E has delivered 250 million won check to G on March 20, 2002 to G on March 20, 2002, and G has transferred 1250 million won to the bank account in the F on the same day; ‘E has transferred 250 million won to G on March 19, 2002, at the Busan Eastdong branch of the National Bank of Korea, Co., Ltd., Ltd., and then has withdrawn 250 million won check from G on March 19, 200 and then has delivered 250 million won to G on March 20, 200; ‘E has transferred 1250 million won to the bank account in the name of F on March 20, 2002'; ‘E' has not been stated on the additional statement of 250 million won and 400 million won on the above land under the pretext of ‘the aforementioned additional statement of land'.
2. The Defendants asserted that, in relation to each of the instant provisional registrations, the Plaintiff did not exercise the right to complete the purchase and sale reservation until March 31, 2005, which is the time when the said right is exercised. The instant complaint seeking the principal registration based on the provisional registration arrived at Defendant B on June 13, 2012, and Defendant C on April 30, 2012, which is the time when the purchase and sale reservation was established, and the said right to complete the purchase and sale reservation and the right to claim the principal registration were extinguished as the expiration of the exclusion period.
If a title truster has made a provisional registration to preserve the right to claim ownership transfer registration under his/her own name or under another person's name in preparation for an arbitrary disposal of real estate held in title trust, such provisional registration will be made in the future.