1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 23, 2002, the Defendant’s father C entered into a pre-sale agreement with the Plaintiff on KRW 30,000,000 (hereinafter “instant pre-sale agreement”) with respect to the land owned by the Plaintiff, Pyeongtaek-si E, which is the Plaintiff (hereinafter “instant land”). On August 26, 2002, the Defendant’s father C entered into a provisional registration for ownership transfer registration based on the instant pre-sale agreement under the Defendant’s name (hereinafter “the instant provisional registration”).

B. According to Article 2 of the sales contract of this case, the date of completion of this contract shall be August 2002, and upon the expiration of the said date, it shall be deemed that the sales contract is completed naturally without the declaration of intention to complete the sale by the right holder.

[Ground of recognition] Facts without dispute, Gap evidence No. 3-1, Eul evidence No. 1, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The gist of the assertion is as follows: (a) the Plaintiff’s ground for cancellation of the provisional registration of this case.

Despite the party members’ point of view as to the necessity of change such as addition of the cause of the claim at the date of the first hearing, the Plaintiff sought closing of the pleadings by clearly disclosing the position that the party members did not have any intent to attend the second hearing on the date of the second hearing.

① The exclusion period of the right to complete the reservation based on the reservation was expired.

② The provisional registration of this case is invalid as it is based on the title trust agreement in which Nonparty C as a truster.

③ An agreement was reached between the Plaintiff, Nonparty C, and the Defendant to waive the claim for principal registration based on the provisional registration of this case.

B. As seen earlier, since the date of completion of the instant sales contract was stipulated as “the date of completion of the pre-sale agreement” under Article 2 of the sales contract, the date of completion shall be August 31, 2002, and the date of completion shall be deemed as August 31, 2002, and the sales shall be deemed to have been completed as a matter of course, even if there was no declaration of intention to complete the sale by the pre-sale right holder.”