1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s share of 1/3 of the real estate indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 25, 1993, the Plaintiff entered into a pre-sale agreement with the Defendant on the purchase price of KRW 8,519,200,00 with respect to one-third shares of KRW 2,760,00 (hereinafter “land before the instant partition”) in the area of 2,519,20,000, and the Plaintiff paid KRW 8,40,000 as deposit money to the Defendant. However, if the Defendant pays the amount of damages agreed in advance with the deposit money to the Plaintiff by December 31, 1993, the said pre-sale agreement is cancelled, and even if the Defendant did not express a separate intent, the Plaintiff concluded a pre-sale agreement with the effect that the Defendant expressed its intent to complete the sale on the following day without the said pre-sale agreement.

(2) On August 30, 1993, the provisional registration of ownership transfer claim (hereinafter “the provisional registration of this case”) was completed on August 30, 1993 with respect to the share of 1/3 of the land before the instant partition. The provisional registration of this case was completed in the future of the Plaintiff.

The plaintiff was not paid the above deposit money and the damages agreed in advance by the defendant until December 31, 1993.

After that, on August 2004, the land prior to the instant partition was divided into 80 square meters (the same as the real estate indicated in the attached list; hereinafter referred to as “instant land”), 47 square meters prior to D, 680 square meters prior to E, 734 square meters prior to F, and 49 square meters prior to G.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 7, 9, and 10 (including branch numbers), and the facts of the above recognition as to the claim for judgment as to the claim for main claim of the entire purport of the pleadings, the defendant is obligated to implement the registration procedure for transfer of ownership on January 1, 1994, which was the date of completion of the contract for sale and purchase of the land of this case, based on the provisional registration of this case, with respect to 1/3 share of the land of this case, to the plaintiff, unless there are special circumstances.

The defendant's right to claim ownership transfer registration based on the provisional registration of this case is a pre-sale promise.