A. On June 19, 2001, the Defendant completed the provisional registration of the right to claim the transfer of ownership (hereinafter “the provisional registration of this case”) with respect to the land of 820 square meters in Jeju-si owned by Nonparty D (hereinafter “instant land”) on June 19, 2001, as Jeju District Court Decision 41796, Jun. 18, 2001.

B. On November 2, 2016, the Plaintiff entered into a sales contract for the instant land with the said D, and completed the registration of ownership transfer based on the sale on November 9, 2016 received by the Jeju District Court No. 121863, Nov. 9, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The right to make a determination or the right to make a full reservation is a kind of right to form a sale and purchase, if the parties agree on the exercise period, within that period, and if no such agreement exists, within 10 years from the time when the reservation is established, and the right to make a full reservation becomes extinct upon the lapse of the exclusion period.

(2) In light of the above legal principles, the pre-sale agreement based on the provisional registration of this case was concluded on June 19, 2001 and it is apparent that ten years have passed since the pre-sale agreement based on the provisional registration of this case was terminated by the lapse of ten years. In light of the above legal principles, it is reasonable to view that the pre-sale agreement based on the provisional registration of this case was terminated by the lapse of ten years.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.