1. The plaintiff's claim is dismissed.

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

Facts of recognition

On January 15, 2008, the Plaintiff and the Defendant made a promise to sell and purchase the instant real estate (hereinafter “instant promise”).

The defendant completed the provisional registration of this case on January 16, 2008, which was based on the pre-sale promise.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1 and 2, the purport of the whole pleadings.

Plaintiff’s assertion

Since the Defendant did not exercise the right to complete the purchase and sale reservation at the expiration of 10 years from the completion of the instant reservation, the right to complete the sale was extinguished by the lapse of the exclusion period.

Therefore, the defendant should cancel the provisional registration of this case.

Judgment

According to the purport of Section B’s entry and pleading as a whole, it is recognized that the contract prepared at the time of the instant reservation contains the following: “The date of completion of the purchase and sale reservation shall be January 15, 2010; and upon the completion date thereof, the transaction shall be deemed to have been completed as a matter of course without the Defendant’s declaration of intent to complete the purchase and sale reservation (Article 2).”

According to this, the plaintiff and the defendant should be deemed to have completed the sale and purchase of the real estate of this case as of October 15, 2010. Thus, the plaintiff's claim based on the premise that the right to complete the sale and purchase reservation was not exercised within the exclusion period is not acceptable.

The plaintiff's claim is dismissed.