1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. (1) On August 2, 2013, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase shares of 1/2 of the instant real estate (hereinafter “instant pre-sale agreement”) and filed a provisional registration of the right to claim partial transfer of ownership (hereinafter “provisional registration of this case”) under the receipt of No. 6479 from the Gwangju District Court’s Netcheon Branch Office on February 3, 2014.

(2) On February 27, 2017, a copy of the instant complaint containing the Plaintiff’s declaration of intent to complete the instant reservation was served on the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the result of the appraisal by the appraiser C of the first instance trial, the result of fact inquiry, the purport of the whole pleadings [the defendant did not have discussed about the provisional registration of this case with the plaintiff and the plaintiff, and there is no seal affixed to the confirmation document out of Gap evidence Nos. 2, so it is presumed that the document is true if the signature, seal or seal of the principal or his agent is affixed to the private document. Thus, if it is acknowledged that the person preparing the private document voluntarily signed, sealed, or affixed to the private document, the authenticity of the whole document is presumed to have been established (see, e.g., Supreme Court Decisions 94Da11590, Oct. 14, 1994; 2011Du21218, Dec. 13, 2012); and even if there is no other special circumstance to prove that the person preparing the private document's signature or seal number has not been proveded.

Judgment

According to the above facts, the provisional registration of this case was completed in accordance with the trade reservation concluded between the plaintiff and the defendant, and the plaintiff expressed his intention to complete the trade reservation of this case.