1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 27, 1989, the Defendant entered into a trade reservation with C on the instant forest land owned by C (hereinafter “the instant reservation”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”).

(In Mancheon District Court, Dongcheon District Court, Dongcheon Registry Office, 2206 of January 28, 1989). (b)

On July 4, 2014, the Plaintiff filed a lawsuit seeking revocation of fraudulent act against C, etc. by Seoul Central District Court 2014Gahap51443, and rendered a judgment on July 4, 2014 that “C, etc. shall jointly and severally pay to the Plaintiff KRW 920,582,887 and delay damages therefor,” and the said judgment became final and conclusive around that time, and C is insolvent as of the date of closing argument in the trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion C may claim the cancellation registration of the provisional registration of this case against the Defendant for the following reasons. The Plaintiff exercise the right to claim the cancellation registration of the provisional registration of this case against C in order to preserve the above monetary claim against C.

1) Since the Defendant did not exercise the right to complete the purchase and sale reservation for the lapse of ten years from January 27, 1989, the right to complete the purchase and sale reservation expired with the limit of the exclusion period. 2) Even if the purchase and sale reservation was concluded on January 27, 1990 in accordance with Article 2 of the reservation, and the sales contract was concluded on January 27, 1990, pursuant to Article 4 of the reservation, the Defendant did not pay KRW 57,00,000 per day as the deposit of the instant reservation, and thus, the Defendant did not pay it to C, thereby cancelling the said purchase and sale reservation or sales contract by delivering a copy of the complaint in subrogation of C.

3. Even if the sales contract was concluded upon the completion of the instant promise, the Defendant’s forest land in this case against C.