1. As to the Plaintiff’s share of 54.35/25,006 out of 14,711.6 square meters in Gangnam-gu Seoul Metropolitan Government.

1. Basic facts

A. On November 18, 1985, the Defendant: (a) filed a provisional registration on a pre-sale on November 18, 1985; and (b) revoked only a provisional registration on a sectioned building on July 5, 1988, as to the portion of 1202 moving to E apartment units on two parcels of land, and of 54.35/25,006 out of the above land site, a site ownership; and (c) on July 5, 198, only the provisional registration on a sectioned building.

B. After that, the ownership of the above partitioned building and the right to a site was transferred to the Plaintiff via F and G.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff defendant should cancel only a provisional registration of a sectioned building by mistake and cancel the provisional registration of the share of the site ownership as it omitted a provisional registration.

Even if it is not so, the provisional registration should be cancelled at the expiration of the exclusion period because ten years have passed since the provisional registration was made after the purchase and sale reservation.

B. The Defendant, while lending KRW 15 million to Defendant D, made a provisional registration as to a sectioned building and the share of a site ownership. Of these, the provisional registration as to a sectioned building shall be cancelled upon repayment of only five million won, and the provisional registration as to the share of a site ownership shall be left behind. Therefore, such provisional registration shall not be cancelled.

c. The right to make the purchase and sale effective by expressing the other party's intention of completion of the contract for sale and purchase in the unilateral promise as stipulated in Article 564 of the Civil Act, that is, the right to conclude the contract for sale and purchase, if the other party has agreed to exercise within such period, or within 10 years from the time the contract for sale and purchase was made, unless otherwise agreed by the other party, and the right to conclude the contract shall expire upon the lapse of the exclusion period;

(Supreme Court Decision 2016Da42077 Decided January 25, 2017). Since there is no evidence to prove that the period for exercising the right to completion of the purchase and sale reservation on a right to a site ownership has been separately set, the right to complete the sale is established on November 1, 1985.