A. On August 30, 1983, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on August 23, 1983 with respect to the land of 1,984 square meters of C forest land (hereinafter “instant land”) owned by D on August 30, 1983.

B. Thereafter, as to the instant land, E on March 26, 1987 completed the registration of ownership transfer based on sale and purchase on March 11, 1987, and on August 8, 2003, the Plaintiff completed the registration of ownership transfer based on sale and purchase on August 7, 2003.

[Grounds for recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The right to make a determination is a kind of right to form a purchase and sale agreement, if the parties have agreed to exercise the right within such period, or if there is no such agreement, within 10 years from the time when the reservation is made, and the right to make a determination ceases to exist upon the lapse of the exclusion period.

(See Supreme Court Decision 2000Da26425 Decided January 10, 2008). The provisional registration of this case was based on the pre-sale agreement on August 23, 1983, and it is difficult to view that the right to complete the pre-sale agreement was exercised within the exclusion period.

In addition, even if the provisional registration of this case is a provisional registration of security and the secured debt has not been repaid as alleged by the defendant, it seems that the secured debt of this case has been extinguished by the expiration of the ten-year prescription period, as it is apparent that ten years have elapsed since August 23, 1983.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.