The Defendant-Counterclaim Plaintiff’s appeal against the instant principal lawsuit is dismissed.

2. The change in exchange for another court.

Basic Facts

A. As to the instant real estate, on November 29, 2006, the registration of ownership transfer was completed under the name of the Plaintiff on November 7, 2006.

B. On March 7, 2007, the Plaintiff and the Defendant agreed to the effect that “the Defendant temporarily entrusted the instant real estate to the Plaintiff for the purpose of using the instant real estate as the office of the company D in order to create profits with mutual cooperation with the Plaintiff, and the Plaintiff shall transfer its ownership to the Defendant without any objection at any time if the Defendant demands the transfer of ownership of the instant real estate.”

C. On March 8, 2007, the Plaintiff completed the provisional registration of this case on March 7, 2007 with respect to the real estate of this case to the Defendant on the ground of a trade reservation made on March 7, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (the cause of the Plaintiff’s claim) concluded a pre-sale agreement with the Defendant on March 7, 2007 with respect to the instant real estate and completed the provisional registration of this case in order to preserve the Defendant’s right to claim ownership transfer following the exercise of the pre-sale right on March 8, 2007.

If there is no agreement between the parties on the period of exercise as a right to create a pre-sale right, the right to complete the pre-sale shall be exercised within ten years from the date the pre-sale is established, and shall be extinguished upon the lapse of the period of exclusion.

Therefore, since the defendant's right to complete the purchase and sale reservation based on the purchase and sale reservation made on March 7, 2007 expired after the lapse of the exclusion period of 10 years, the provisional registration of this case should be cancelled.

B. As to the real estate of this case, the Plaintiff was merely a title trustee, and its actual owner is the Defendant, and the Defendant has occupied and used the real estate since March 7, 2007.

The provisional registration of this case is based on the exercise of the pre-sale right.