1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) the answer C, 602 square meters in Gyeong-gun, Chungcheongnam-gun, Gyeongbuk-gun, and shall be on the ground above.

1. Facts of recognition;

A. As to the instant land, the registration of transfer of ownership was completed in the name of D on March 6, 1981, the name of E on February 9, 1998, and the name of the defendant on December 22, 1998.

B. As of the date of the closing of argument in the instant case, the Plaintiff owned 2 gyp tree planted on the instant land.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 11, the purport of the whole pleadings

2. The parties' assertion

A. On November 20, 1996, the Plaintiff purchased the instant land from the Defendant and paid the price in full on the same day. As such, the Plaintiff sought implementation of the procedure for the registration of ownership transfer against the Defendant.

B. The sales contract between the Plaintiff and the Defendant was implicitly rescinded by neglecting it without any long-term performance provision or peremptory notice, or ② the Plaintiff’s right to claim for ownership transfer registration under the said contract expired after the ten-year extinctive prescription expires.

Therefore, the Defendant, who is the owner of the instant land, still seeks the delivery of the instant land and the collection of 2 gyp tree planted on the ground thereof from the Plaintiff.

③ In addition, even if the Plaintiff completed the procedure for ownership transfer registration of the instant land, the Plaintiff cannot accept the Plaintiff’s claim until the Plaintiff is paid KRW 2 million.

3. Determination as to the claim on the principal lawsuit

A. On November 20, 1996, the Plaintiff purchased the instant land from the Defendant with the purchase price of KRW 2 million from the Defendant on November 20, 1996 does not have any dispute between the parties, and the Defendant is obligated to implement the registration procedure for transfer of ownership for the said land to the Plaintiff on the ground of

B. As to this, the Defendant’s defense that the Plaintiff’s right to claim for the transfer of ownership has expired due to the expiration of the extinctive prescription, it is obvious in the record that the Plaintiff filed the instant lawsuit on April 8, 2016, which was ten years after November 20, 1996 when the Plaintiff purchased the instant land.