1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The assertion and judgment

A. In order to prepare for the land dispute lawsuit with neighbors at the time of false conspiracy, the Plaintiff asserts that the provisional registration of this case was made with a falsity, and that the provisional registration of this case is based on the promise to trade invalid by false conspiracy and thus the cause of registration

In full view of the purport of evidence Nos. 1 and 1 and 7, the Plaintiff, the owner of the instant real estate, completed the provisional registration of the instant real estate on March 23, 1989, which was based on the reservation to sell and purchase the instant real estate on March 21, 1989. However, the Plaintiff, on the instant real estate before December 29, 198, on December 23, 198, 2000, concluded the provisional registration of the right to claim for ownership transfer registration based on the pre-sale as of December 23, 198. The pre-sale agreement regarding the instant provisional registration of this case, stated the Plaintiff, the right holder, the Defendant, and the pre-contracted deposit money 20 million won as the remainder of the provisional registration except for this case’s real estate purchase and sale column as of March 23, 198, and recognized that the Defendant had received the said real estate within the period of two years since the date of completion of the sale and purchase column and the date of completion thereof.

However, considering the personal relationship between the Plaintiff, B, and the Defendant (Evidence No. 1), the details of real estate registration (Evidence No. 2 and 6) made from around 1982 to around 1990 in the future between the Plaintiff and the Plaintiff’s children, it is difficult to readily conclude that the aforementioned facts alone constitute a conspiracy with false indication, and there is no other evidence to acknowledge otherwise.

Therefore, this part of the plaintiff's assertion cannot be accepted.

B. The expiration of the extinctive prescription or exclusion period, and the Plaintiff’s promise to trade on March 21, 1989.