1. The plaintiff's claim is dismissed.

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

Facts of recognition

E, the spouse of D, completed the registration of ownership transfer on the instant land on February 25, 2002.

On January 16, 2003, the Plaintiff completed a share transfer registration in relation to 6,361/4,530 of the land in this case. On November 21, 2003, the Plaintiff completed a share transfer registration with respect to the remainder of the land in this case.

The Defendant completed the provisional registration of this case on May 18, 2007, which was based on the pre-sale agreement on May 14, 2007.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

The provisional registration of this case between the plaintiff and the defendant was made to preserve the right to claim the transfer of ownership based on the purchase and sale reservation as of May 14, 2007 between the plaintiff and the defendant, and the defendant did not exercise the right to complete the purchase and sale reservation for a period of ten years from the time of the establishment of the above provisional registration, and accordingly, the defendant's right to complete the sale was extinguished

Therefore, the provisional registration of this case is based on the right extinguished by the exclusion period. Therefore, the provisional registration of this case is invalid and should be cancelled.

There is no pre-sale agreement between the plaintiff and the defendant, and the provisional registration of this case was completed to guarantee the plaintiff's obligation against the defendant by relative D.

Therefore, the Plaintiff’s claim based on the premise that the provisional registration of this case was completed to preserve the right to claim ownership transfer based on the purchase and sale promise is unreasonable.

Judgment

With respect to the presumption effect of provisional registration of this case, the real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). However, this merely means that it is presumed to be valid as the existence of registration, and it is not presumed that the act of registration between the person entitled to make a registration and the person obliged to make a registration

The plaintiff shall make the provisional registration between the plaintiff and the defendant based on the provisional registration of this case.