1. The defendant shall receive on June 29, 2004 from the plaintiff the Chuncheon District Court with regard to the size of 653 square meters in Gangseo-gun Cdae-gun, Gangwon-do.

1. Basic facts

A. The Plaintiff is the owner of 653 square meters (hereinafter “instant land”).

B. On June 29, 2004, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on the instant land by the Chuncheon District Court’s crossing registry office, as the receipt of the Act No. 9276, Jun. 24, 2004.

[Reasons for Recognition] Gap evidence No. 1

2. Determination

A. On June 24, 2004, the Plaintiff and the Defendant concluded a sales contract on the land of Hanwon-gun D 2043 square meters, not the instant land, and the Plaintiff completed the registration of transfer of ownership on the said land on June 29, 2004, and the instant land did not have become the object of the sales contract, and therefore, the instant provisional registration should be cancelled as a cause invalidation.

According to the statement in Gap evidence No. 2, although the registration of transfer of ownership in the defendant's name was completed as of June 29, 2004 with respect to the above land as of June 29, 2004, it is not sufficient to recognize the fact that there was no pre-sale contract which caused the provisional registration of this case with respect to the land of this case, and there is no other evidence to acknowledge it otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

B. In addition, the Plaintiff asserts that the provisional registration of this case should be cancelled, since the right to complete the purchase and sale reservation, which is the cause of the provisional registration of this case, has expired as the ten-year exclusion period has elapsed.

The right to complete the purchase and sale is a kind of creation right, if the parties agree on the duration of the exercise, it shall be exercised within 10 years from the time of establishment of the reservation, and if there is no such agreement, it shall be exercised within the limit of 10 years from the time of establishment of the reservation, and if the above period has elapsed, the right to complete

In this case, it can be known that the Plaintiff and the Defendant agreed on the exercise period of the right to complete the reservation.