A. B is the owner of 1/3 share of 1458 square meters (hereinafter “instant real estate”) in Changwon-si, Changwon-si, Changwon-si, Seoul, and as to the said 1/3 share, the registration of the right to claim ownership transfer was completed on September 4, 2006 by the Changwon District Court No. 49317, Sept. 4, 2006, on the ground of trade reservation on August 30, 2006.

(hereinafter “Provisional Registration of this case”)

B. On January 15, 2010, the Plaintiff entered into a credit guarantee agreement to guarantee the repayment of the loan in obtaining a loan of KRW 5,000,000 from Gyeongnam Bank Co., Ltd.

However, on March 20, 2012, the Plaintiff paid 4,675,690 won to Gyeongnam Bank Co., Ltd. on behalf of the Plaintiff on March 20, 2012.

C. B bears obligations with respect to Changwon-si, National Health Insurance Corporation, etc., including the Plaintiff’s obligations to the Plaintiff, while not having any specific property except for the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

(a) the right to complete the determination on the cause of the claim is a kind of right to form a trade reservation, if the parties have agreed to do so within that period, and if no such agreement exists, within 10 years from the time when the reservation is established, and the right to complete the reservation becomes extinct upon the lapse of the exclusion period;

(2) The provisional registration of this case was based on the pre-sale agreement on August 30, 2006, and there is no evidence to deem that the pre-sale agreement was exercised within the exclusion period. Thus, the pre-sale agreement has expired due to the expiration of the exclusion period of 10 years.

Therefore, the plaintiff, who is the creditor of B, filed a claim for the cancellation of the provisional registration of this case against the defendant by subrogation, who is insolvent, and the defendant is obligated to cancel the provisional registration of this case against B.