1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 19, 2010, the Plaintiff filed a lawsuit against Nonparty B, and received a judgment in favor of the Plaintiff that “Defendant B shall pay to the Plaintiff 10,984,364 won and 6,846,85 won with 17% interest per annum from January 21, 2010 to the date of full payment” (Seoul Central District Court Decision 2009DaDa2377261). The above judgment became final and conclusive as it is.

B. On November 26, 2003, the Defendant concluded a pre-sale agreement with the content that the purchase price of real estate was KRW 30,000,000 and the date of the completion of the pre-sale agreement on December 1, 2010 (hereinafter “instant pre-sale agreement”).

C. On January 19, 2004, the Defendant completed the provisional registration of the right to claim transfer of ownership based on the above sale reservation (hereinafter “the provisional registration of this case”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the right to complete the pre-sale agreement between the defendant and the non-party B has expired due to the lapse of the exclusion period. The plaintiff asserts that the defendant, as the creditor of the non-party B, is liable to implement the provisional registration of this case against the non-party B.

3. As to whether the right to complete the instant purchase and sale agreement between the Defendant and Nonparty B has expired over the exclusion period, the fact that the instant purchase and sale agreement was concluded on November 26, 2003 is as seen earlier. However, according to the entries and the purport of the entire pleadings, it is acknowledged that, at the time of the instant purchase and sale agreement, the agreement was concluded on December 1, 2010 as of the date of the completion of the purchase and sale agreement, and at the time of the completion of the said agreement, even if there was no Defendant’s declaration of intent to complete the sale, the sales agreement of the instant case was completed as a matter of course. Accordingly, according to the above facts of recognition, the instant sales agreement passed on December 1, 2010.