1. Revocation of a judgment of the first instance;

2. The Defendant is with respect to the Plaintiff’s share of 1.5/6 square meters in Jeju-si.

1. The court's explanation on this part of the basic facts is the same as the reasons stated in Paragraph 1 of the part concerning the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of

2. The plaintiff's assertion

A. Since the Defendant did not exercise the right to complete the pre-sale agreement even after ten years have passed since the provisional registration of this case was completed, the right to complete the pre-sale agreement was extinguished upon the lapse of the exclusion period.

B. Since the Defendant and D conspired and completed the provisional registration of this case for the purpose of evading obligations even though they did not have any credit and obligation relationship, the provisional registration of this case constitutes a false declaration of agreement and thus is null and void.

3. Determination

(a) a right which would become effective as a result of a trade by declaring the intention of completion of the trade reservation in the unilateral promise, that is, the right to conclude the trade reservation is a kind of right to form and exercise the exercise period between the parties, if any, within such period, and within 10 years from the time when the reservation is made, if there is no such an agreement, and the right to complete the trade is extinguished upon the lapse of such period;

B. (See, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003).

However, since the Defendant entered into a pre-sale agreement with D on April 7, 2006 with respect to the instant shares and completed the provisional registration of this case based on the said pre-sale agreement on the same day as seen earlier, the right to the completion of the pre-sale agreement is deemed to have expired as of April 6, 2016, which was the date of the pre-sale agreement, until April 7, 2006.

C. Therefore, since the provisional registration of this case is deemed to be the registration of invalidity of cause, the defendant is obligated to execute the procedure for cancellation registration of the provisional registration of this case with respect to the share of this case to the plaintiff,

As above, the Plaintiff’s selective claim causes.