The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 5, 2010, the Defendant completed the registration of the right to request the transfer of ownership, which was completed under Article 7005 of the receipt of the budget registry office of the Daejeon District Court on April 5, 2010, on the land listed in the separate sheet owned by C (hereinafter “instant land”).

B. On May 31, 2019, the Plaintiff filed an application with C for a payment order claiming payment of the acquisition amount of KRW 12,183,853 before the Seoul Central District Court 2019, and upon receipt of the payment order, the Plaintiff paid the Plaintiff 15% interest per annum for KRW 11,174,453 from August 20, 2009 to the date of full payment. The said decision became final and conclusive on July 3, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), and the purport of the whole theory

2. The parties' assertion

A. The Plaintiff’s right to conclude a pre-sale based on the pre-sale agreement, which is the cause of the instant provisional registration, was ten years from April 5, 2010 upon which the pre-sale agreement was concluded. As such, the lapse of the exclusion period expired. The Plaintiff seeks cancellation of the pre-sale agreement against the Defendant in subrogation of insolvent C.

B. On April 4, 2010, the Defendant lent KRW 43,000,00 to Defendant C, and received the provisional registration of this case from Defendant C to secure the said claim.

Since then C received reimbursement of KRW 6 million from March 7, 2015, and its claim remains remaining, it is impossible to respond to the Plaintiff’s claim for cancellation of provisional registration.

3. Determination

A. Whether the pertinent provisional registration is a security registration or a security registration is determined by whether the pertinent provisional registration is actually the purpose of securing the claim, and whether the cause of the pertinent provisional registration is indicated as a trade reservation in the registry

whether the tender is written as a promise for the satisfaction of the goods

It is not determined by the formal description (see Supreme Court Decision 201Da70640, Dec. 13, 2012). The right to complete a purchase and sale reservation is a kind of right.