1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 18, 1996, the Plaintiff promised to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant for purchase amounting to KRW 50 million, and entered into a pre-sale agreement with the Defendant on December 18, 1996, stating that the date of the completion of the pre-sale agreement is set as the date of December 18, 1996, and that the sale is completed even if the Plaintiff did not express its intent to complete the sale.

B. Accordingly, on May 21, 1996, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Plaintiff on the instant real estate based on the said purchase promise.

2. The assertion and judgment

A. The plaintiff asserted that since the plaintiff made a provisional registration and paid all the purchase price to the defendant on December 18, 1996, which was the date of the provisional registration and the date of the completion of the purchase and sale reservation, the defendant is obligated to implement the procedure for ownership transfer registration based on provisional registration, the defendant asserts that the provisional registration of this case has the obligation to implement the procedure for ownership transfer registration based on provisional registration, since the secured claim has expired by the provisional registration as the provisional registration of this case became extinct by prescription

B. 1) Determination 1) The issue of whether a provisional registration is a provisional registration is determined on the basis of whether the relevant provisional registration is the real purpose of collateral security, and it is not determined on the basis of formal entry on the registry of the relevant provisional registration (see, e.g., Supreme Court Decision 2011Da70640, Dec. 13, 2012) and the purport of the entire pleadings in each entry, including a serial number, in full view of the purport of the whole pleadings, the provisional registration of this case can be recognized that the defendant-friendly C was made to guarantee the payment of KRW 50,000,00 in the purchase price when it takes over the motor vehicle parts company of the motor vehicle from the plaintiff, and the cause of the provisional registration of this case is specified as a pre-sale on the registry.

Even if the obligation is secured.