1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C’s registration of the right to file a claim for transfer of ownership on April 18, 2016 with respect to each of the instant real estates (hereinafter “each of the instant real estates”) owned by the Defendant under [Attachment List (1), (2), and (3) owned by the Defendant], which was received on April 26, 2016 by the Changwon District Court and the registry office: (a) was completed on April 18, 2016.

B. On January 14, 2020, the Plaintiff completed the additional registration on January 14, 2020 with respect to each of the above provisional registrations by taking over the above provisional registration rights in succession from C, D, and E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 7, the purport of the whole pleadings

2. The Plaintiff’s assertion C entered into a pre-sale agreement with the Defendant to sell and purchase each real estate of this case, and completed the registration of the right to request ownership transfer, and the Plaintiff received the above provisional registration in succession.

The plaintiff delivered a duplicate of the complaint of this case to the defendant, and the defendant is obligated to perform the registration procedure for transfer of ownership on the basis of the provisional registration as above.

3. Even if a provisional registration is completed to preserve the right to claim the transfer of ownership, it cannot be readily concluded that there was any contractual relationship to register the transfer of ownership, and that the right holder has the right to claim the registration of transfer of ownership.

No presumption is presumed (see, e.g., Supreme Court Decisions 2018Da200730, Nov. 29, 2018; 79Da239, May 22, 1979). Therefore, in a case where the existence or content of a right already registered is disputed, the Plaintiff, who is the right holder of a provisional registration, must prove the fact of the pre-sale, which serves as the basis for the claim for transfer of ownership. Unless there is no objective data, such as the disposition of pre-sale, etc., the evidence submitted by the Plaintiff is insufficient to acknowledge that the pre-sale was made between the Defendant and C, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion cannot be accepted.

4. The plaintiff's claim for conclusion is without merit.