The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 19, 2009, the Defendant completed the provisional registration of the right to claim the transfer of ownership (hereinafter “the provisional registration of this case”) on each land listed in the separate sheet owned by B (hereinafter “each land of this case”) from No. 732 to Nov. 4, 2005 due to the subscription to purchase and sale (hereinafter “the reservation of this case”) on November 4, 2005.

B. The Plaintiff has a claim for reimbursement against B as to KRW 37,048,380 and its delay damages.

(c) B is currently insolvent.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the period of exclusion of the right to complete the purchase and sale reservation is Do, and 1) The Plaintiff’s assertion between B and the Defendant is that the instant provisional registration should be cancelled in lieu of B, arguing that the instant provisional registration should be cancelled, since the ten-year period of exclusion of the right to complete the purchase and sale reservation from November 4, 2005, which was the date of the pre-sale reservation.

B) Accordingly, the Defendant entered into a sales contract with B on each land of this case, and the provisional registration of this case is aimed at preserving the Defendant’s right to claim the registration of transfer of ownership based on the purchase and sale of each land of this case, and thus, the limitation period of the right to complete the purchase and sale reservation does not apply. (2) In full view of the respective entries in subparagraphs 1 and 6 and the purport of the entire pleadings, the Defendant and B, as to each land of this case on November 4, 2005, shall have the seller B, the purchaser, the Defendant, and the purchaser as the Defendant, and the down payment of KRW 80 million, and the payment of KRW 20 million shall be the date of the contract, the balance, the payment of KRW 60,000,000,000,000 shall be the date of November 4, 200

The provisional registration of this case is based on the sales contract, since it can be recognized that the provisional registration of this case was made.