A. The Plaintiff is the owner of 3,477 square meters in F. 3,477 square meters in Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “instant land”).

B. On March 21, 1985, around March 20, 1985, the Daegu District Court had completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under Article 3836 of the Gacheon District Court Registry No. 3836 on the ground of the trade reservation as of March 20, 1985.

C. Around January 3, 1991, G died, and at the time of G’s death, G was the inheritor, who was a child.

[Ground of Recognition] In the absence of dispute against Defendant C: Each entry in Gap evidence Nos. 1 through 3 (including virtual numbers), the purport of the whole pleadings, as to Defendant B, D, and E: Confession (Article 150(3) of the Civil Procedure Act)

2. The Plaintiff’s determination on the Plaintiff’s claim asserts that the provisional registration of this case has ceased to exist due to the lapse of the exclusion period.

The right to conclude a pre-sale is a kind of right to form a contract and, if there is no such an agreement, within the period of exercise, or within 10 years from the time the reservation is made, and when such period expires, the right to conclude the pre-contract shall expire upon the lapse of the exclusion period.

(2) As seen earlier, it is apparent that ten years have passed since the establishment of the said sale and purchase promise in the instant case, where there was no evidence to deem that there was an agreement for the period of exercise. As seen earlier, it is apparent that ten years have passed since the said sale and purchase promise was made.

Therefore, the pre-sale agreement on the land of this case was terminated by the expiration of the exclusion period, and the Defendants are obligated to implement the procedure for cancellation registration on the 1/4 shares, each share of inheritance, in relation to the provisional registration of this case.

On the other hand, Defendant C made the provisional registration of this case for the purpose of preventing the Plaintiff from disposing of the land that he received from the ancestor, and thus, the Plaintiff.