The defendant shall make the registration office of the Daegu District Court on 2004 with respect to one half of the total area of 1,316 square meters in Daegu Suwon-gu Co., Ltd. to the plaintiff.

1. Facts of recognition;

A. On March 17, 1976, the registration of ownership transfer on March 17, 1976 with respect to the land of 1,316 square meters in Daegu Suwon-gu C (hereinafter “the instant land”) was completed on March 16, 1976 on the ground of the sale on March 16, 1976 (hereinafter “the instant registration of ownership transfer”).

B. On March 29, 2004, the Defendant completed the provisional registration of the Plaintiff’s share transfer claim (hereinafter “the provisional registration of this case”) under No. 15716 of the Daegu District Court’s receipt of the registration office on the same day on the ground of the pre-sale agreement on March 29, 2004.

C. The Defendant is the Plaintiff’s mother.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

(a) In the unilateral reservation for trade, the right that the other party to the reservation becomes effective as a trade by expressing his/her intent to complete the reservation, that is, the right to complete the reservation is a kind of right to create a trade reservation, if any, within that period, and if there is no such an agreement between the parties, within 10 years of the establishment of the reservation, and the right to complete the purchase and sale is extinguished upon the lapse of the exclusion period, and at the expiration of that period;

In addition, in a case where a provisional registration was completed for preserving a right to claim ownership transfer registration on the basis of a pre-sale agreement of real estate, if the right to complete the pre-sale agreement has become extinct, such provisional registration should lose its effect and be cancelled.

(See Supreme Court Decision 2009Da4787 Decided May 28, 2009, etc.). B.

Judgment

In light of the above legal principles, there is no evidence to deem that the Defendant entered into a pre-sale agreement with the Plaintiff on March 29, 2004 regarding the Plaintiff’s share of the instant land and exercised the right to complete the purchase and sale reservation within ten years thereafter. Thus, the provisional registration of this case is ten years from the date of the conclusion of the pre-sale agreement.