1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). On April 23, 2002, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on April 24, 2002 as the receipt No. 45457 on April 24, 2002 by reason of the trade reservation between the Plaintiff and the Defendant on the instant real estate (hereinafter “instant promise”).

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. Determination

A. (i) The Plaintiff’s seal affixed to the instant purchase and sale reservation is stolen, and the instant purchase and sale reservation is null and void. As such, the instant provisional registration is invalid registration.

Since the registration of the instant provisional registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists in its form, the Plaintiff is liable to prove the grounds for invalidation (see, e.g., Supreme Court Decision 2011Da51281, Oct. 13, 201). Therefore, the Plaintiff who claims the invalidation of the instant provisional registration bears the burden of proving the fact that the Plaintiff’s seal affixed to the instant contract for purchase and purchase was stolen, the evidence alone submitted by the Plaintiff is insufficient to acknowledge the fact that the Plaintiff’s seal affixed to the instant contract for purchase and sale was stolen, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

B. The exclusion period of the right to complete the purchase and sale reservation and the Plaintiff’s assertion (i.e., the date of the completion of the purchase and sale reservation at the time of the instant purchase and sale reservation. Since the 10-year period from April 23, 2002, which was the date of the trade reservation, the right to complete the purchase and sale reservation expired due to the lapse of the exclusion period

In full view of the evidence No. 1 and the purport of the entire pleadings, the plaintiff and the defendant at the time of the promise to sell and purchase this case, the date of completion of the promise to sell and purchase this case, shall be December 31, 2002.