1. The defendant shall make a registration office of the Gwangju District Court with respect to the non-party B with respect to the area of 66,950 square meters of forest land C in Chungcheongnam-gun, Jeonsung-gun.

1. Basic facts

A. On January 13, 2012, the Plaintiff filed a lawsuit against B with the Seoul Central District Court for a claim for the amount of money transferred from the Seoul Central District Court as KRW 201Ada1272731. On January 13, 2012, the Plaintiff paid the Plaintiff the amount calculated by applying the rate of 17% per annum to KRW 15,371,240 as well as KRW 5,769,132 as jointly and severally with D and the Plaintiff from April 1, 2005 to the date of full payment.

B. B borrowed KRW 33 million to the Defendant on December 6, 1995. On the same day, B concluded a contract to establish a right to collateral security with the Defendant regarding the instant real estate with the maximum debt amount of KRW 40 million. On December 8, 1995, B completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”).

C. B, on May 30, 197, when the above loan was not repaid, settled the principal and interest of the loan with the Defendant, and entered into a trade reservation agreement with the real estate purchase price of this case as of April 30, 199 (hereinafter “the instant promise”) and the date of completion of the sale, which was April 30, 199. On June 4, 1997, the provisional registration stated in the purport of the claim (hereinafter “the instant provisional registration”) was completed.

C. Meanwhile, the instant real estate is the only property in B, and B does not have any income tax payment since 2015.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6 (including additional numbers), the court's order to submit taxation information on Bosung-gun and Yang Yangcheon-do, the purport of the whole pleadings

2. Determination

A. As to the claim for cancellation of provisional registration, the Plaintiff alleged that (i) the right to conclude the instant purchase and sale reservation has expired over the exclusion period of 10 years; (ii) even if the provisional registration of this case is the provisional registration of this case, the said secured obligation has ceased to exist over the ten-year prescription period from April 30, 1999, which is the date of completion of the instant purchase and sale reservation; and (iii) against the Defendant in subrogation of the insolvent debtor B.