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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 19, 200, with respect to each real estate listed in the separate sheet No. 1, which was owned by the Plaintiff’s partner C (hereinafter “the Plaintiff”) (hereinafter “the instant real estate”), the provisional registration of the Plaintiff’s right to claim for transfer of ownership was completed on September 18, 200 with regard to each of the real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”).
B. Details of the above pre-sale agreement are as follows:
Article 1. The purchase price shall be determined in 435,00,000 won and the buyer pays the above price at the address of the seller without fixing a period and at the same time expresses his intention to complete the sale and purchase, and in case where there has been an expression of intention to complete the sale and purchase under the preceding Article of Article 2, the ownership of the real estate to be sold shall be transferred to the buyer on this condition, and the seller shall immediately file an application for registration of ownership transfer, and the seller shall deliver the above real estate to the buyer, and in case of a claim for ownership transfer under this Agreement of Article 5, the party shall make a provisional registration for the purpose of preserving his right with respect to the claim for ownership transfer under this Agreement of Article 5.
C. The provisional registration of the right to claim transfer of ownership, which was established on September 19, 200, among the instant real estate, was cancelled on the ground that the provisional registration of the right to claim transfer of ownership, which was established on January 15, 200, was cancelled on the ground that the provisional registration of the right to claim transfer of ownership was cancelled on January 15, 200, and on February 4, 2003, the provisional registration of each right to claim transfer of ownership, which was based on the “sale reservation on January 15, 2003” (hereinafter “the instant provisional registration”).
D. D.
The deceased unilaterally completes the provisional registration of this case by the plaintiff without any cause between the plaintiff and the deceased. The right to make a reservation according to the reservation of this case has expired after the lapse of the exclusion period of 10 years. Thus, the provisional registration of this case shall be cancelled.