The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Defendant, as the owner of the instant real estate, entered into a trade reservation with the Plaintiff on August 20, 2019 (hereinafter “instant reservation”) with respect to the instant real estate on the basis of the overall purport of the pleadings, based on the following facts: (a) on August 20, 2019; and (b) on the same day, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) which was completed on August 20, 2019 by receipt No. 53632 on August 20, 2019.

2. The plaintiff's assertion and judgment

A. The plaintiff asserted that the real estate of this case was entered into a sales promise with the defendant and completed the registration of the right to claim ownership transfer in order to preserve the promise.

Inasmuch as the instant complaint containing the Plaintiff’s declaration of intent to complete the purchase and sale reservation against the Defendant reaches the Defendant on May 20, 2020, the Defendant shall implement the procedure for the registration of ownership transfer of the instant real estate on the basis of the said provisional registration against the Plaintiff.

B. In light of the following circumstances, it is difficult to view the instant reservation as one-way promise for sale and purchase, and the instant provisional registration also is deemed as a provisional registration for security, in light of the overall purport of each of the aforementioned evidences presented.

However, the plaintiff's assertion is without merit since it did not go through liquidation procedures under the Act on Security of Provisional Registration, etc.

① The Defendant asserted that the instant real estate was offered as a provisional registration for collateral security by borrowing KRW 140 million from the Plaintiff.

② At the time of the instant reservation, there is no agreement in addition to the fact that the sales price for the instant real estate was not specified, and that the payment method of the sales price was made on August 20, 2019.

③ Before the instant reservation, three registrations of the right to collateral security had been completed with a sum of KRW 156 million, including the Industrial Bank of Korea and the maximum debt amount on the instant real estate.

However, the Plaintiff and the Defendant.