1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On August 28, 2001, the Plaintiff issued C a written credit guarantee of KRW 31,300,000 with the guaranteed amount and KRW 28,640,000 with the guaranteed amount on December 14, 2001. On the same day, C obtained a loan of KRW 31,30,000 and KRW 28,640,000 with the respective credit guarantee form using the said written credit guarantee form.

B. C’s failure to repay each of the above loans, the Plaintiff subrogated for the total amount of KRW 65,937,572 on November 19, 2004 upon the request for performance of guaranteed obligations by the Seocho-gu Agricultural Cooperative.

C. On October 14, 1999, C completed the provisional registration of the right to claim transfer of ownership on October 11, 1999 with respect to the land of 575 square meters (hereinafter “the instant real estate”) prior to Cheongdo-gun B, Cheongdo-gun, Cheongdo-gun, the Daegu District Court received the registration office of Cheongdo-gun, 13375 (hereinafter “the instant real estate”). D.

C On June 20, 2014, the above registry office received the instant real estate on June 20, 2014, and completed the registration of ownership transfer under the Defendant’s name on June 19, 2014, based on the provisional registration of this case.

E. Meanwhile, on August 5, 2004, the Plaintiff received a provisional attachment order issued by the Daegu District Court 2004Kadan32100 for the purpose of preserving the claim amount against C with a claim amounting to KRW 109,643,741 for the purpose of preserving the claim amount for reimbursement against C, and the provisional attachment registration was completed on August 5, 2004, and C is in insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6 each, 2, Gap evidence 7 to 9, the purport of the whole pleadings

2. The parties' assertion

A. The provisional registration of the Plaintiff’s assertion was made pursuant to the promise to sell and purchase between C and the Defendant on October 11, 1999, and the right to complete the reservation expired by ten years of exclusion period. However, C terminated on June 20, 2014, on the basis of the provisional registration of this case, C completed the registration of ownership transfer for the Defendant on June 19, 2014 based on the provisional registration of this case.

Therefore, the provisional registration of this case was extinguished by the right to complete the sale.