1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 18, 1997, the Defendant registered the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the real estate listed in the attached list (hereinafter “the instant building”) as the basis of the trade reservation on March 18, 1997.

B. The registration of ownership transfer is completed on the land E, F, G, H, and I, which is the site for the instant building, by the receipt No. 3904 on June 23, 1994 due to the sale and purchase as of May 25, 1994. The Defendant completed the registration of ownership transfer on March 21, 1997 as the receipt registration office of the Daegu District Court No. 2982 on March 21, 1997, on the ground of the purchase and sale promise as of March 18, 1997, on the ground of the trade as of August 17, 2007, each of the remaining shares except for the shares under B’s receipt by the above registration office No. 8057 on August 17, 2007.

(C) The registration of the Defendant’s right to claim ownership transfer on the instant building site was cancelled on August 27, 2007 due to the termination of August 17, 2007.

On the other hand, B died on March 15, 2003.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1-1, 24, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The registration of the Plaintiff’s claim for ownership transfer of this case by the Defendant’s assertion was extinguished due to the Plaintiff’s failure to exercise the right to complete the pre-sale agreement pursuant to the pre-sale agreement, which is the cause of the provisional registration, for more than ten years, due to the lapse of the exclusion period.

Even if the right to claim the transfer registration of ownership has not been exercised for more than ten years, and the right to claim the transfer registration of ownership of this case has expired by prescription, which is a premise for the registration of the right to claim the transfer registration of ownership of this case. Accordingly, upon the plaintiff's request as the creditor of the right to claim the transfer