1. All of the plaintiff's claims are dismissed.

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

1. On January 10, 1936, details of the grounds for the receipt of basic facts: (a) on January 18, 1936, the registration of ownership transfer was completed in the name of the Defendant on January 17, 1984 on January 17, 1984; (b) on December 23, 1983, the registration of the provisional right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) was made for 1/2 shares in the name of the Defendant on December 23, 1983; (c) on March 12, 2014, the registration of ownership transfer was completed in the name of the Plaintiff on March 12, 2014; (d) on March 12, 2014, the right relationship on the shares in the name of the Defendant on March 10, 194, Gyeyang-gu Seoul Special Metropolitan City C prior to 1045 square meters (hereinafter “instant land”; and (e) the related land is the same as indicated in

【Ground for Recognition: Each entry of Evidence A 1 and 2】

2. The parties' assertion

A. From January 17, 1984, the date of registration of the Plaintiff’s purchase and sale reservation, the Defendant did not exercise the right to complete the purchase and sale reservation until January 17, 1994, which was ten years from January 17, 1994, and therefore, the expiration of the exclusion period of ten years. Therefore, the Defendant is obligated to cancel the provisional registration of this case to the Plaintiff.

Furthermore, it cannot be deemed that the defendant possessed 1/2 of the land of this case, and the defendant's right to request the principal registration has expired by prescription.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the plaintiff, transfer trees planted on the ground of the cream part on the ship and deliver the land portion to the plaintiff.

B. The defendant's assertion that he had already exercised the right to complete the pre-sale agreement in 1984, and thereafter, he has occupied and used 1/2 shares out of the land of this case. Thus, the defendant may exercise the right to cancel the right to claim the registration of transfer of ownership against the plaintiff.

3. Determination

A. First, we examine whether the Defendant exercised the right to complete a pre-sale agreement on the portion of 1/2 of the instant land.

According to the statements in the evidence Nos. 1-1 and 1-2, in the name of the defendant, the name of the defendant is transferred to E and the defendant of around 1984 (the date of the exchange contract is indicated as the date of August 1983) G 393 square meters prior to G between E and the defendant.