A. On November 2, 1979, the Plaintiff entered into a pre-sale agreement with Nonparty F on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”). On December 24, 1979, the Plaintiff completed the provisional registration on December 24, 1979 as the receipt No. 10101 on December 24, 1979 with respect to each of the instant real estate.

B. The F died on October 192, 1992, and C, his spouse, was jointly inherited his property at the ratio of 3/9 shares, Appointors D, E, and Defendant (hereinafter “Defendant”)’s share in 2/9 shares.

[Grounds for Recognition: Entry of Evidence No. 1-1 to Evidence No. 1-1, and the purport of the whole pleadings]

2. Determination

(a) Determination as to the cause of the claim (1) Any right which may become effective as a trade by expressing the intention of the other party to the trade in one-way reservation, i.e., the right to complete the trade reservation, if it is a sort of formation right between the parties, within that period, and if not, within 10 years after the establishment of the reservation, it shall be exercised, and if the period has elapsed, the right to complete the reservation shall expire upon the lapse of the exclusion period.

(See Supreme Court Decision 91Da44773 delivered on July 28, 1992, Supreme Court Decision 2000Da26425 delivered on January 10, 2003, etc.). (2) Since there was no separate agreement between the Plaintiff and F regarding the period of exercise of the right to conclude the purchase and sale of each of the instant real estate, the right to conclude the purchase and sale of each of the instant real estate between the Plaintiff and F was extinguished upon the lapse of the exclusion period after the lapse of December 24, 1989, which was 10 years from December 24, 1979, the date of sale and purchase promise.

(3) Accordingly, the defendant and the designated parties are co-inheritors of F, and among each real estate of this case, the designated parties C, the 3/9 shares, the defendant B, D, and E, respectively, the right to claim the transfer of ownership in the order of 2/9 shares is registered.