1. The defendant shall have jurisdiction over the 229/863 shares of each real estate listed in the separate sheet to B.

1. Basic facts

A. The Plaintiff is a creditor of the Seoul Central District Court Decision 2006Gadan8498 Decided April 27, 2006 that “B shall pay to the Plaintiff 46,379,355 won and 36,184,869 won with interest of 17% per annum from April 1, 2005 to the date of full payment.”

B. On January 1, 2003, B concluded a mortgage agreement with the Defendant on each share of 229/863 (hereinafter “instant land”) among the respective real estate listed in the separate sheet, and on February 10, 2003, B completed the registration of establishment of a mortgage over the maximum debt amount of 100 million won (hereinafter “registration of a mortgage”) with the Defendant as the Government Registry of the Jung-gu District Court No. 12336, Feb. 10, 2003.

C. On June 5, 2003, B made a promise to sell and purchase the instant land with the Defendant, and on June 11, 2003, B completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) with the Government Registry of the District Court of Jung-gu District on the ground of the said promise to sell and purchase the instant land as the receipt No. 12336 on February 10, 2003.

[Reasons for Recognition] Evidence Nos. 1 and 2, Evidence No. 3-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion (1) The right to conclude a pre-sale agreement has expired ten years after the date of the pre-sale agreement, and the period of exclusion has expired. The provisional registration of this case is the provisional registration of invalidity. The plaintiff seeks to cancel the provisional registration of this case to the defendant in subrogation of

(2) Since the extinctive prescription of the secured obligation under the registration of the instant right has expired, the registration of the instant right to collateral security is null and void, and the Plaintiff seeks cancellation of the registration of the instant right to collateral security by subrogation of B.

B. The defendant's argument is that the period of repayment of the secured debt registration of this case is January 1, 2005, and the extinctive prescription shall expire on December 31, 2014.