1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) has jurisdiction over the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On March 9, 2005, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer; on March 14, 2005, the Defendant completed the provisional registration for partial transfer of ownership (hereinafter “provisional registration of this case”) on the ground of the same date reservation with respect to shares 198/595 among the instant real estate on March 14, 2005. There is no dispute between the parties.

2. The plaintiff asserts that the provisional registration of this case should be cancelled since the right to complete the purchase and sale reservation has ceased to exist as the principal lawsuit had expired due to the lapse of the exclusion period.

The right to conclude a pre-sale is a kind of right to form and sell, if the parties agree to exercise the period within that period, and if there is no such agreement, within 10 years from the date of establishment of the pre-sale, the right to complete the pre-sale shall expire upon the lapse of the exclusion period. As such, the period of exclusion expires after March 14, 2005, which was the date of the pre-sale, as of March 14, 2015, which was ten years from March 14, 2005, the date of the pre-sale, and thus, the Defendant is obligated to cancel the provisional registration of this case to the Plaintiff, and thus, the Plaintiff’s claim

3. Judgment on the Defendant’s preliminary counterclaim

A. The provisional registration of this case asserted by the Defendant was made by the Defendant at the time when the Plaintiff purchased a total of KRW 90 million land of KRW 600,000,000 for three parcels of three occasions including the real property of this case, and the Defendant paid KRW 30,000,000 out of the purchase price. As such, the Plaintiff filed a preliminary counterclaim to recover the amount equivalent to the above amount for unjust enrichment

B. Determination is based on the following facts: (a) there is no financial data or objective evidence that the Defendant paid KRW 30 million out of the purchase price; and (b) the Defendant’s husband D, on February 25, 2016, franchising the instant provisional registration by March 30, 2016 without any condition to the Plaintiff (Evidence 4).