1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On June 15, 1995, the provisional registration of the Defendant’s name (hereinafter “the provisional registration of this case”) was completed on June 15, 1995 with respect to the portion of 1/2 out of 67,438 square meters of forest C, Young-gun, Gangwon-gu, which is owned

On February 20, 2013, the Plaintiff filed a lawsuit against B against the Seoul Central District Court 2012Da310213, and received a judgment in favor of the Plaintiff that “B shall pay to the Plaintiff 131,270,972 won and 22,000,000 won among them, 23% per annum from January 25, 200 to May 18, 2002, and 25% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

[Ground of recognition] The plaintiff filed a claim for cancellation of provisional registration of this case on behalf of the defendant in lieu of B, since the right to complete the purchase and sale reservation related to the claim for ownership transfer registration preserved by the provisional registration of this case by the plaintiff of this case has expired after the lapse of the exclusion period of 10 years from June 13, 1996, which is the date of the conclusion of the contract for purchase and sale.

Even if the provisional registration of this case is a provisional registration for security, there is no legal act establishing the secured claim, or since the secured claim has expired ten years after the prescription, the provisional registration of this case should be cancelled.

The provisional registration of this case is to secure the defendant's loan claim against B, and since the prescription has been interrupted due to the approval of debt repayment, etc., the provisional registration of this case cannot be cancelled.

Judgment

Comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 1, 2, 4, 8, 9 (including a branch number; hereinafter the same shall apply), the defendant's husband's transfer of KRW 18,00,000 to the Eul account under the name of Eul, the husband of the defendant's husband, on December 19, 194, and thereafter the defendant and D received part of the above money from the defendant and Eul on December 14, 2006, and the quasi-certificate of confirmation and the borrowed certificate prepared to the defendant on March 18, 2014, and the plaintiff Eul.