1. The defendant on August 3, 2005, with respect to the 661m2 of the land area in Pyeongtaek-gun, Gyeonggi-do. The defendant shall make a family registry office in the Dong Government District Court with respect to B's forest area.

1. Facts of recognition;

A. The Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) based on the purchase and sale reservation made on August 3, 2005, No. 17592, which was received on August 3, 2005, with respect to the land of this case owned by Pyeongtaek-gun, Gyeonggi-do (hereinafter “the forest of this case”).

B. The Plaintiff is a creditor who completed the attachment registration on July 7, 201 with respect to the forest of this case on the ground that the Plaintiff’s claim for the collection of various taxes of 11,730,110 won, including automobile tax and resident tax, imposed on B from July 2009 to June 201, and the Plaintiff is a creditor who completed the attachment registration on the forest of this case on July 7, 201 and B is in excess

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. The right to make an advance payment is a kind of right to form a purchase and sale, if the parties agree on the duration of the exercise, and if there is no such agreement, it shall exercise it within 10 years from the time of the establishment of the advance payment, and if that period expires, the right to make an advance payment shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003). The same applies to the right to make an advance payment payment for the purpose of collateral for a claim.

(See Supreme Court Decision 97Da12488 delivered on June 27, 1997. In a case where a trade reservation was established for the purpose of securing a claim and the provisional registration for the right to claim ownership transfer was made accordingly, the provisional registration also retains the status of the purchaser on the purchase and sale reservation, and at the same time secures the secured claim. As such, in a case where a right to claim ownership transfer for the purpose of pre-sale for the purpose of securing a claim is registered, the right to complete the pre-sale under the pre-sale agreement is extinguished by the lapse of the exclusion period, even if the secured claim is not extinguished by the repayment or the expiration of the extinctive prescription, etc.