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1. On September 2, 1988, the defendant filed with the plaintiff with respect to the land size of 1864 square meters in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Determination as to the cause of claim
A. 1) The facts of recognition are as follows: (a) the land of this case is the land of this case, which is 1864 square meters in Pyeongtaek-gun, Chungcheongnam-gun.
On August 16, 1988, the Plaintiff acquired ownership on August 11, 198 by completing the registration of transfer of ownership on the ground of sale and purchase on August 11, 1988.2) On September 2, 1988, the Plaintiff completed the provisional registration of transfer of ownership (hereinafter referred to as “the provisional registration of this case”) under Article 10927 of the receipt of the registration office of the Gwangju District Court in the name of the Defendant on August 26, 198.
【Ground for Recognition: Facts without dispute, Gap evidence, and the purport of the whole pleadings】
B. Determination 1) The right to the completion of the pre-sale is a kind of right to create a purchase and sale, if the parties agree to exercise the right within that period, and if there is no such agreement, within 10 years from the date of establishment of the pre-sale, the right to the completion of the pre-sale shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003). The same applies to the right to the completion of the pre-sale of payment for the purpose of collateral for a claim (see Supreme Court Decision 97Da12488, Jun. 27, 1997). If the pre-sale was established for the purpose of collateral security and the provisional registration also maintains the status of the purchaser in the pre-sale and covers the secured claim as well as the nature of the secured claim. Thus, in cases of the right to claim the transfer of ownership for the purpose of collateral security registration, the right to the completion of the pre-sale agreement still remains effective due to the expiration of the secured claim.