1. The defendant shall receive on July 8, 2005 from the Busan District Court as to the real estate stated in the attached list from the plaintiff succeeding intervenor.

1. Basic facts

A. On July 5, 2005, the Korea Racing Industry Development Co., Ltd. (hereinafter “the Korea Racing Industry Development”) concluded a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by it, and on July 8, 2005, entered the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) to the Defendant on July 8, 2005.

B. On November 18, 2009, the Changwon District Court 2009 Joint 71 (hereinafter “instant rehabilitation procedure”) commenced rehabilitation procedures for the development of the main industry (hereinafter “instant rehabilitation procedure”).

C. In the rehabilitation procedure of this case, the rehabilitation plan approval order was issued on July 26, 2010. The Defendant did not report rehabilitation claims or rehabilitation security rights in the rehabilitation procedure of this case.

On September 10, 2013, when the instant lawsuit was pending on the instant real estate, the ownership transfer registration was made in the name of Mapo-do Co., Ltd., and on the same day, the Plaintiff’s succeeding intervenor (hereinafter “Succession Intervenor”) made a registration of ownership transfer in the name of the Plaintiff’s succeeding intervenor on the grounds of trust

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3, Evidence No. 4-1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The provisional registration of this case was made for the purpose of securing the claim of the plaintiff and the successor, and the defendant did not report the rehabilitation claim or the rehabilitation secured creditor in the rehabilitation procedure of this case, and therefore, the main industrial development is exempted from liability to the defendant and the security right in the name of the defendant is extinguished. Therefore, the provisional registration of this case should be cancelled as the invalidation of the cause.

B. The provisional registration of this case in the gist of the Defendant’s assertion was made for the performance of the obligation to pay the construction cost to C Co., Ltd. for the development of the main industry (hereinafter “Nonindicted Company”), and therefore, it is an obligation for which the performance has not yet been completed at the time of commencement of rehabilitation procedures