1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

1. Basic facts

A. On July 16, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) on each real estate (hereinafter “instant real estate”) listed in the separate sheet to Codefendant B of the first instance trial (hereinafter “B”).

B. On October 21, 2013, the Defendant seized the right to claim ownership transfer based on the instant purchase and sale reservation on the ground that B was in arrears with national taxes, and following the attachment, the additional registration of the attachment was completed on November 4, 2013 with respect to the instant provisional registration.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (hereinafter referred to as "branch number") and the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) At the time of the Plaintiff’s promise to sell and purchase this case’s assertion, the period of time is required until the date of preparing the purchase price, and only provisional registration is requested to be set at one year, and the date of concluding the purchase and sale reservation between the Plaintiff and B. However, the right to conclude the reservation was extinguished upon the lapse of the period, since B did not exercise the right to conclude the provisional registration until one year has passed since the date of the completion of the pre-sale agreement. Therefore, B is obligated to cancel the provisional registration of this case, and the Defendant is obliged to express his/her consent to the cancellation registration of the provisional registration of this case’s claim. (2) The evidence presented by the Defendant by the Plaintiff cannot be confirmed solely on the basis of the evidence presented by the Plaintiff by the Defendant, and the agreement on the completion date of the instant purchase and sale

3. There is no evidence to acknowledge that, at the time of the instant promise to sell and purchase, the Plaintiff and B set the period of exercise of the right to conclude the instant promise to sell and purchase at one year from the date of the reservation.

Rather, it is true.