1. The defendant received on August 16, 1993 from the Busan District Court's Dong Branch with regard to the real estate stated in the attached list from the plaintiff.

According to the overall purport of Gap evidence Nos. 1 and 3, the plaintiff decided to sell to B of March 23, 1993 the kindergarten facilities, including each real estate listed in the separate sheet, for KRW 400 million, and received down payment of KRW 200 million, and the defendant, as the right holder, as to each real estate listed in the separate sheet on August 16, 1993, as to each real estate listed in the separate sheet, the defendant, as the child of B, was registered as the right holder on August 10, 1993. It is recognized that the defendant or B did not express its intention to complete the sale and purchase promise up until now.

In the unilateral promise for sale, the right that the other party of the pre-sale would have the effect of sale by expressing his/her intention of completion of the pre-sale contract, i.e., the right to complete the pre-sale contract, if it is a kind of right to form and exercise the period of exercise between the parties, and if there is no such an agreement, it shall exercise it within 10 years from the date of establishment of the pre-sale contract, and the right to complete the pre-sale is extinguished upon the lapse of the exclusion period. As such, the right to complete the pre-sale based on the pre-sale contract between the plaintiff, the defendant, or the defendant has expired at the expiration of the exclusion period of

In this regard, the defendant asserts that the provisional registration should be executed simultaneously with the return of KRW 200 million paid as down payment, but as long as the provisional registration based on the pre-sale contract is registered as invalid due to the expiration of the exclusion period, it is difficult to view that the cancellation of the registration has the relation of simultaneous performance with the return of the down payment.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.