1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasons why the court accepted the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the plaintiff's assertion newly raised by this court, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional determination

A. The Plaintiff’s assertion B had the duty to cancel the registration of the establishment of the neighboring land established on the instant land and complete the registration of the establishment of the ownership pursuant to the sales contract with the Plaintiff. However, around May 2010, B revoked the registration of the establishment of the neighboring land around the instant land, and the Plaintiff became aware of it only after around 2013.

Since the Plaintiff filed a lawsuit against B on September 2016, which had been before the lapse of the three-year grace period, around September 2016, the Plaintiff filed a lawsuit for the registration of ownership transfer, the penalty surcharge shall be mitigated pursuant to the proviso to Article 4-2 of the Enforcement Decree of the former Enforcement Decree of the Real Estate Real Name Act, on the following grounds: (i) “Where there is a justifiable reason not to file an application for the registration of ownership transfer within three years from the date on which the performance of opposite payment was completed in fact; or (ii) where the three-year grace period expires, the Plaintiff cannot be deemed to evade taxes or avoid restrictions under the statutes.”

B. According to Article 10(1)1 of the Act on the Registration of Real Estate Real Name, where parties to a contract bear a mutually quid pro quo obligation, a penalty surcharge shall be imposed on a person entitled to registration who fails to file an application for the registration of transfer of ownership within three years from the date the performance

The fact that the above provision provides for penalty surcharge against the person entitled to make a registration, and the party who has fulfilled his/her obligation can claim the performance of the other party's obligation if the party bears a mutually quid pro quo obligation.