1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On February 5, 2001, the defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the real estate listed in paragraphs (1) and (2) of the attached list Nos. 1 and (2) of the real estate in the name of E (hereinafter “the instant real estate”).

B. On October 6, 2014, the Plaintiff purchased the instant real estate from October 6, 2014 during the compulsory auction procedure conducted in the Youngcheon District Court Young-gu Branch D case, and completed the registration of ownership transfer as the receipt of No. 21456, Oct. 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 5, purport of the whole pleadings

2. The right which shall become effective as a result of the sale by the purchaser’s other party with the intention to complete the sale and purchase in the unilateral promise as stipulated in Article 564 of the Civil Act, determining the cause of the claim, is a kind of right to create and exercise within the prescribed period, if the other party agrees to exercise the right within the prescribed period, or within 10 years from the time the reservation is made, if there is no such an agreement; and if the period has elapsed, it shall expire upon the lapse of the exclusion period;

(2) The provisional registration of this case was completed on the ground of the pre-sale agreement as of February 2, 2001 on the real estate of this case (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). However, as seen earlier, it is apparent that the Defendant’s right to the completion of the pre-sale agreement has ceased to exist over the exclusion period. Thus, the Defendant is obliged to implement the procedure for the cancellation registration of the provisional registration of this case to the Plaintiff.

3. The defendant's assertion that the defendant did not meet the qualification for acquiring farmland of the real estate of this case and sold the real estate of this case to E rapidly and paid the purchase price in installments over twenty years, and the provisional registration of this case is completed as a security.