1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts recognized;

A. The Plaintiff has a claim against B under the payment order issued by the Seoul Central District Court 2012 tea86794.

B. On April 5, 2006, B completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) with respect to shares of 1/3 of the instant real estate owned by the Defendant, C, and D based on each trade reservation.

C. On August 24, 2011, among the provisional registration of the instant case, the additional registration of the transfer of ownership transfer claim based on the transfer of rights from August 10, 201 under the name of the Defendant was completed with respect to each of the above shares in C and D. D.

B There is no property other than the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-6, 2-4 and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not exercise the right to complete the pre-sale agreement at the expiration of ten years from the date of the pre-sale agreement, and thus the right to complete the pre-sale agreement ceased to lapse of the exclusion period.

Therefore, upon the plaintiff's exercise of the right to claim the elimination of interference B by setting the above claim against B as the preserved right, the defendant is obligated to implement the procedure of cancellation registration of the provisional registration of this case to B.

B. The defendant's assertion was that the defendant lent KRW 160 million to B, and the provisional registration of this case was completed for payment in kind for the above loan.

On February 28, 2008, and August 31, 2011, the defendant requested B to express his/her intention to complete a trade reservation and to present his/her principal registration, and the registration procedure was delayed.

3. The right to make a determination or the right to complete an accord and satisfaction shall, if any, be exercised within the period of the exercise, if the parties have agreed to do so, within the said period, or within 10 years from the time when such rights have occurred, and if this period has elapsed, the right to complete the reservation shall expire upon the lapse of the exclusion period.

, however, that;