A. C completed the registration of ownership transfer on July 22, 1974 with respect to the real estate Nos. 1 and 3 of the attached real estate list Nos. 1 and 4136 square meters before the subdivision of the Do-dong, Chungcheongnam-do.

B. On June 25, 1980, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the above real estate by the Changwon District Court (Seoul District Court Branch Branch) No. 17019, Jun. 25, 1980, which was received on June 25, 1980.

C. E completes the registration of ownership transfer on April 25, 2002 with respect to each of the above real estate by the same registry office No. 5220.

On August 12, 2004, the size of 4136 square meters prior to Gyeong-dong, Gyeong-dong, Chungcheongnam-gun, Seoul Special Metropolitan City was divided into the annexed real estate list Nos. 2 and 4 real estate. The Plaintiff completed the registration of ownership transfer on December 29, 201 with the same registry office concerning each real estate listed in the annexed real estate list (hereinafter “each of the instant real estate”).

[Reasons for Recognition] Gap's evidence (including a provisional number), the purport of the whole pleadings without dispute

2. The Plaintiff asserts that the provisional registration of this case should be cancelled as the secured debt of the provisional registration of this case has expired by prescription.

If the secured claim of the provisional registration of security has expired by prescription (see Supreme Court Decision 2006Da12701, supra), the registration of the secured claim shall be cancelled (see Supreme Court Decision 2006Da12701,), and the person who may invoke the extinctive prescription is limited to the person who directly benefits from the extinction of the right. Thus, a third party who has completed the registration of ownership transfer by taking over the real estate, the provisional registration of which was completed for preserving the right to claim ownership transfer, in the form of a pre-sale for the purpose of securing a claim, is a person who directly benefits from the extinction of the secured claim of

(See Supreme Court Decision 95Da12446). Claim secured on the provisional registration of this case is established on or before June 1980, when the Defendant completed the provisional registration of this case.