1. On February 21, 2007, the Defendant received the registration office of Changwon District Court with respect to each real estate stated in the attached Form from the Plaintiff.

1. The fact that the Plaintiff completed the registration of ownership transfer for each real estate listed on January 17, 1994 (hereinafter “each real estate of this case”) based on sale and purchase as of October 15, 1985. The fact that the Defendant completed the provisional registration of ownership transfer claim based on the purchase and sale promise as of February 21, 2007, No. 8024 (hereinafter “provisional registration of this case”) issued on February 21, 2007 by the Changwon District Court Dao registry Office received on February 21, 2007, may not be disputed between the parties, or it may be recognized by the statement set forth in subparagraphs A through 4.

2. Summary of the parties' arguments;

A. On December 30, 2006, the Plaintiff entered into a sales contract with the Defendant on December 30, 2006 with regard to each of the instant real estate at KRW 100,000,000, and the due date for payment was determined by the end of 2007. Accordingly, the provisional registration of this case was completed to the Defendant.

However, since the defendant did not pay the above purchase price by the end of 2007, the above sale contract was cancelled due to the reasons attributable to the defendant.

In addition, the limitation period of the right to the completion of the purchase and sale reservation according to the provisional registration of this case, which was completed to preserve the order of priority, has expired even if the provisional registration of this case is a provisional registration for security.

Therefore, provisional registration of this case should be cancelled.

B. Around 1985, the Defendant requested the Plaintiff to purchase the land located in the city and sent KRW 45 million to the Plaintiff as the price for purchasing the land. However, the Plaintiff did not purchase the land.

The plaintiff should return the purchase price of the above land to the defendant, and the provisional registration of this case was completed as security.

On October 16, 2017, the Plaintiff partially performed the obligation to return the purchase price of the above land, and thereby, the Plaintiff renounced the prescription benefit.

3. Determination

(a) a Party that has a duty of counter-performance in simultaneous performance relations, which determines whether to cancel a contract.