1. The Defendant is the Suwon District Court with respect to the Plaintiff’s share of 17520/24623, out of 3306§³ of C forest land in Sungsung-si.

Basic Facts

On January 30, 2001, the Defendant completed the provisional registration on the land specified in paragraph (1) of this case (hereinafter “the provisional registration of this case”) on January 30, 2001, which was based on trade reservation.

The Plaintiff owns 51014/124 shares in the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2 of this case's provisional registration is a pre-sale for sale, and the defendant who is a party to the provisional registration of this case also claims that the grounds for registration are satisfied. Thus, the provisional registration of this case seems to be a provisional registration for preserving the right to transfer ownership.

In other words, the right to complete the pre-sale is a kind of right to make the other party express his/her intention of the completion of the pre-sale and to make the effect of the sale; the right to complete the pre-sale is a right to form and exercise within such period if it has been agreed between the parties, and within 10 years from the time when the pre-sale was made, unless otherwise agreed by the parties; and the right to complete the pre-sale shall expire upon the lapse

In the exclusion period, there may be no interruption of the period such as extinctive prescription.

(See Supreme Court Decision 200Da26425 Decided January 10, 2003, etc.). The right to complete the pre-sale based on the pre-sale, which is the cause of registration of the instant provisional registration, was extinguished by the lapse of the exclusion period from January 30, 201 to January 30, 201, when ten years have elapsed since January 30, 201, the date of the pre-sale.

The Plaintiff, as co-owner of the instant land, may seek cancellation of the entire provisional registration of this case, which is null and void of the cause.

(See Supreme Court Decision 92Da52870 delivered on May 11, 1993, etc.). Accordingly, the Defendant is obligated to implement the procedure for registration of cancellation of the provisional registration of this case to the Plaintiff.

The summary of the Defendant’s assertion on the assertion was agreed to cancel the provisional registration of this case when the Plaintiff repaid the loans of the Suwon Agricultural Cooperative on the land of this case.

The plaintiff is the plaintiff.