1. The plaintiff's claim is dismissed.

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

1. On October 16, 1989, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the instant land owned by the Plaintiff, which was based on the purchase and sale reservation (hereinafter “instant trade reservation”) as of No. 1411, Oct. 13, 1989.

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

2. The parties' assertion

A. Since the Defendant’s right to claim for ownership transfer registration of the land of this case lapses after the lapse of the ten-year statute of limitations, the provisional registration of this case should be cancelled as the registration of invalidity without any cause.

B. Since the Defendant actually occupied and managed the instant land while controlling it, the extinctive prescription period of the right to claim ownership transfer did not run, even if the prescription period expired, the Plaintiff renounced the benefit of prescription by recognizing that the Plaintiff was liable for ownership transfer registration with respect to the Defendant.

3. Determination

A. First of all, according to the Defendant’s statement on whether the exclusion period of the right to complete purchase and sale in this case exceeds the exclusion period, the instant purchase and sale reservation certificate states that “The price shall be determined as a gold million won, and shall be paid to the seller at the address of each seller (sales) without setting the period, and at the same time, at the address of each seller (sales).” The Plaintiff did not dispute the fact that the Defendant paid the purchase price at the time of the pre-sale and whether the right to complete purchase and sale was exercised.

Therefore, the sales contract for the land of this case was concluded at the same time as the pre-sale contract, and the defendant shall have the right to claim the registration of transfer of ownership based on the sales contract for the land of this case

B. Next, we examine whether the extinctive prescription of the defendant's right to claim ownership transfer has expired.

The prescription system is.