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

A. The Plaintiff is a monetary creditor who holds executive title against B (Seoul District Court Decision 2007Gaso46060 Decided March 21, 2008).

B. The following registration was completed in the Defendant’s future regarding the real estate stated in the separate sheet (hereinafter “the loan of this case”) which was originally owned by B.

(1) The provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) was completed on December 24, 2004 by Busan District Court dong Branch, Busan District Court dong Branch, Busan District Court 2004 No. 75973, Dec. 24, 2004; and by the trade reservation as of December 24, 2004 (hereinafter “instant trade reservation”).

(2) On March 9, 2015, the same registry office’s transfer registration based on provisional registration (hereinafter “this case’s principal registration”) was completed as a sales contract (hereinafter “instant sales contract”) dated March 6, 2015, and the cause of registration was March 6, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. (1) The provisional registration of this case on the primary claim of the Plaintiff should be cancelled as the right to complete the purchase and sale reservation became extinct at the expiration of the ten-year exclusion period on December 24, 2014.

The plaintiff seeks cancellation against the defendant on behalf of insolvent B.

B The principal registration of this case was completed to the Defendant even though the right to complete the purchase and sale reservation was extinguished, and this constitutes a waiver of the statute of limitations interest, and thus, the sales contract of this case constitutes a fraudulent act separate from the contract of this case.

Therefore, the sales contract of this case shall be revoked within the scope of the Plaintiff’s preserved claim amount, and since the registration of seizure of the National Health Insurance Corporation after the principal registration of this case was completed, it is difficult to return the original property, the Defendant should pay the Plaintiff the amount of preserved claim amount and damages for delay.

(2) The provisional registration of this case is made, as the conjunctive claim is asserted by the Defendant.