1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of 2,830 square meters in Gangseo-si E (hereinafter “instant real estate”).

B. On November 14, 1984, the instant real estate was received on November 14, 1984 by the court No. 21789, Nov. 13, 1984, and the F’s right to claim transfer of ownership was registered as the cause of registration (hereinafter “the instant provisional registration”).

C.F On June 4, 1990, died and there is Defendant B, C, and D, the inheritor.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 2, Gap's evidence 8-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the claim in this case is the cause of the claim in this case, and the deceased F's right to claim ownership transfer on the real estate in this case has expired by prescription after ten years, and that the registration of this case should be cancelled since the registration of this case has ceased to exist.

The defendants asserted that the real estate of this case is owned by GJ (hereinafter "the clan of this case"), and that the clan of this case was made provisional registration of this case in order to prevent the title trustee from arbitrarily disposing of the real estate of this case in title trust to H, and to guarantee his right to claim for the return of ownership. Thus, the grounds for registration did not extinguish.

B. In a case where a title trust of a clan's ownership on real estate is held by the judgment, if a clan has made a provisional registration to preserve the right to claim ownership transfer registration in its name or in a name other than a clan under an agreement with the title trustee in preparation for a case where the title trustee disposes of the real estate held by the clan at will, the provisional registration is a pre-sale promise to trade the ground for registration of the provisional registration, and it has

Even if such provisional registration has been made, the agreement between a clan and a title trustee cannot be deemed null and void as a false agreement.