1. The defendant shall make the Seoul Central District Court with respect to one half of each of the real estate listed in the separate sheet to the plaintiff.

1. Facts of recognition;

A. The Plaintiff owns 1/2 shares of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. On June 12, 2001, the Defendant completed the provisional registration of the right to claim for transfer registration of ownership (hereinafter “the provisional registration of this case”) No. 34131, which was received on June 15, 2001 by the Jung-gu Seoul Central District Court’s registry office, which was based on the pre-sale agreement on June 12, 2001.

C. The Defendant did not exercise the right to complete the pre-sale from June 15, 2001 when the provisional registration of the instant case was filed to the date of closing the argument of the instant case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (if there are additional numbers, including each number), the purport of the whole pleadings

2. Determination

A. The right to make the sale effective by expressing the other party to the pre-sale agreement in the pre-sale agreement as stipulated under Article 564 of the Civil Act, which is, the right to complete the pre-sale agreement, is a kind of right to create the period of exercise between the parties, within such period, and within 10 years from the time the pre-sale agreement is made, unless otherwise agreed by the parties, and the right to complete the pre-sale agreement shall expire at the expiration of the exclusion period.

(2) As seen earlier, the Defendant did not exercise the right to conclude a pre-sale agreement even after the lapse of ten years from June 15, 2001 when the instant provisional registration was filed, and the right to conclude a pre-sale agreement, which is preserved by the instant provisional registration, was extinguished by the lapse of the limitation period.

Therefore, the Defendant, who is the person holding the provisional registration, has the duty to cancel the provisional registration of this case to the Plaintiff, who is the owner of shares 1/2 of each real estate

B. The defendant alleged that the defendant did not know that the right to conclude the purchase and sale reservation was the right required for the exclusion period, but the grounds alleged by the defendant are the plaintiff.