1. The part against the defendant in the judgment of the first instance shall be revoked;

2. As to each real estate listed in the separate sheet, the defendant.

1. Basic facts

A. On April 2, 2003, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on April 1, 2003 in the name of the co-defendant B (hereinafter “B”) of the first instance trial on each real estate listed in the separate sheet owned by himself (hereinafter “instant real estate”).

B. On the other hand, the Incheon Tax Office, under the Defendant’s control, seized the right to claim ownership transfer based on the provisional registration of this case under B on November 7, 2012 (hereinafter “instant seizure”). Accordingly, on November 8, 2012, the Incheon District Court’s receipt of No. 100748, which was the following day, completed the additional registration of seizure against the instant provisional registration (hereinafter “instant seizure registration”).

C. The Plaintiff filed the instant lawsuit seeking the implementation of the procedure for cancellation registration of the provisional registration of this case with respect to B, and the Defendant’s declaration of consent with respect to the cancellation registration of the provisional registration of this case with respect to the Defendant, by asserting that the instant promise to sell and purchase was null and void as it constitutes a false declaration of intent in collusion with the Plaintiff. The first instance court rendered a judgment that included the content of accepting the Plaintiff’s claim against B, and the part concerning B in the judgment of the first instance court became final and conclusive with the limit of the filing period.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the parties' assertion is that the right to complete the purchase and sale reservation B based on the purchase and sale reservation of the Plaintiff 1 had already expired due to the lapse of the exclusion period, and thus the provisional registration of this case should be cancelled as the cause invalidation. The Defendant constitutes a third party who is the right holder of the attachment registration of this case and is interested in the above cancellation registration, and thus,