On October 5, 1976 with respect to the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") owned by I, the provisional registration was completed in the J future on September 27, 1976 in order to preserve the right to claim ownership transfer due to the purchase and sale promise of the Seoul Northern District Court No. 39882, which was received by the Dobong District Court on September 5, 1976.

After that, K acquired the ownership of the instant real estate on June 3, 197, and the Plaintiff acquired the ownership of the instant real estate by inheritance through consultation and division on October 4, 1991.

The J, the person entitled to the provisional registration of this case, died on May 14, 1990 and became co-inheritors pursuant to the former Civil Act (amended by Act No. 4199, Jan. 13, 1990). Defendant B, the lineal descendant adopted, succeeded to the family head, and Defendant B, the lineal descendant of this case, did not have the same family head, and Defendant B, the lineal descendant of this case, did not have the same family head, thereby succeeding to the inheritance of Defendant B 30/55, Defendant C, the 20/555, and L, the 5/5/5 portion of inheritance.

L has died on March 10, 201, and according to the current civil law, Defendant D, E, F, and G, a child, were jointly inherited in equal shares by 1/55 of the above portion of inheritance of L, according to the current civil law.

【No dispute over the basis of recognition”, Gap evidence Nos. 1, 4, 5, 6, 7 (including provisional registration Nos. 1, 5, 6, and 7 (including provisional registration), and the purport of the whole pleadings, but the provisional registration of this case is apparent in fact that the limitation period of 10 years from September 27, 1976, which was the date of trade reservation, has expired, and the right to complete the purchase and sale was extinguished.As the defendant's assertion, even if the provisional registration of this case was completed in order to secure the credit for which five million won was the owner of the real estate at the time of October 5, 1976, even if the provisional registration of this case was completed in order to secure the credit, it is apparent in fact that the ten-year extinctive prescription has elapsed from October 5, 1976, the secured claim was extinguished.

Therefore, since the provisional registration of this case has all expired the right to complete the purchase and sale reservation or the secured debt, the Defendants, the heir of the deceased J, are the present owner.