1. With respect to the Plaintiff with respect to the size of 229 square meters on the D-road in Gwangju City, the Defendants shall have the Suwon District Court's Sung-nam Branch Office on February 1, 1989.

1. Facts of recognition;

A. On February 14, 1989, the land category of E was changed to “road” on February 16, 1989 and the land category of D previous 229 square meters was changed to “road” on February 16, 1989.

After that, the said E’s 228 square meters was divided into KRW 330 square meters in E, and KRW 1898 square meters in F on February 10, 1995, and the said F was further divided into KRW 645 square meters in F, and KRW 1253 square meters in G.

B. The Defendants purchased the instant land from H on January 15, 1989 and completed the registration of ownership transfer in the name of H on February 17, 1989.

C. The Defendants entered into a pre-sale agreement with I on February 20, 1989 with regard to the instant land, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on February 20, 1989 by the Suwon District Court, Sung-nam Branch Office of Gwangju District on the ground of the said pre-sale agreement on February 20, 1989.

On June 2, 1998, the Plaintiff completed the registration of ownership transfer from I on September 8, 1998 with respect to the instant land (hereinafter “instant registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 9, the purport of the whole pleadings

2. Determination as to the cause of action

(a) The right that would become effective as a trade by expressing the other party to the reservation for trade in the unilateral promise for trade; that is, the right to conclude the reservation for trade is a kind of right to form a contract and, if not, within the period of exercise, within the said period; and, if not, within 10 years from the time when the reservation is made, within the said period; and when such period of exercise expires, the right to complete the reservation shall expire upon the lapse of the exclusion period;

(See Supreme Court Decision 200Da26425, Jan. 10, 2003). Meanwhile, in a case where a right to claim ownership transfer based on a provisional registration lapses due to the completion of prescription, a third party who acquired the real estate after the provisional registration is a claim for exclusion of disturbance based on ownership, and thus, the right to claim the principal registration against the person holding the provisional registration.