1. The defendant shall receive, on December 11, 2001, the Suwon District Court's Ansan registry office with respect to the size of 234 square meters prior to the time of Ansan-si B to Nonparty A.

1. Facts of recognition;

A. On December 11, 2001, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by the Suwon District Court No. 35465, Dec. 11, 2001, on the ground of the trade reservation on December 7, 2001, with respect to the area of 234 square meters (hereinafter “the instant real estate”).

B. The Plaintiff requested the Suwon District Court 201j2787 to pay the Plaintiff the amount of KRW 74,114,624 from the above court and KRW 43,859,769 from April 21, 2011 to the date of full payment. The above payment order was finalized on June 8, 2011.

(c) A is insolvent.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, the whole purport of pleading

2. The parties' assertion

A. The Plaintiff’s right to conclude the purchase and sale reservation shall be exercised within the exclusion period of 10 years, and the Defendant did not exercise the right to complete the purchase and sale reservation even after the lapse of 10 years from December 7, 2001, the date of the pre-sale reservation, thereby terminating the right to complete the purchase and sale reservation. Accordingly, the Plaintiff, a creditor against A, sought the cancellation of the provisional registration of this case against the Defendant by subrogation of A.

Even if the provisional registration of this case is a provisional registration for securing the defendant's claim against A, the claim has expired by prescription, and thus the provisional registration of this case is null and void.

B. The Defendant’s assertion that the instant provisional registration was completed to secure the claim for the refund of the purchase price after the Defendant concluded a sales contract for the purchase of the instant real estate from A, but the Defendant could not complete the registration of ownership transfer because it was impossible for the Defendant to obtain the qualification certificate for acquisition of farmland, and thus, the instant provisional registration is valid without relation to the exercise of the right to complete the purchase

3. Determination

(a) the right to claim for the transfer of ownership.