1. The Defendant received on August 31, 2005 from the Plaintiff, as to the 3,283m2 in Kuju-si, Seocheon District Court's Seoul District Court's original branch office.

Facts of recognition

D As to the land of this case (hereinafter referred to as “instant land”), as to the land of 3,283 square meters in Hanju-si, the Defendant had completed the provisional registration of the right to claim the transfer of ownership (hereinafter referred to as “the provisional registration of this case”) on August 31, 2005, as the receipt of 58823 from the original district court of Chuncheon on August 31, 2005, as to the land of this case (hereinafter referred to as “instant land”).

The defendant did not make the provisional registration of this case on February 3, 2006, but completed the registration of ownership transfer based on sale on August 31, 2005.

On December 30, 2010, the Defendant completed the registration of ownership transfer for reasons of sale on December 15, 2010, and E and F completed the registration of ownership transfer for reasons of sale on June 21, 2017.

[Ground of recognition] Fact that there is no dispute, Gap evidence No. 3, and the purport of the whole pleadings, the above facts of recognition were extinguished upon the expiration of the exclusion period of 10 years on August 31, 2005, which is the ground for registration of the provisional registration of this case. Thus, even if the transaction between D and the defendant was completed through the defendant's exercise of the right to complete the purchase and sale reservation on February 3, 2006, the right to claim the principal registration based on the provisional registration of this case upon the completion of the purchase and sale reservation shall be deemed to have expired after the expiration of the ten-year period from February 3, 2006, which is the time when the defendant could have exercised the right to claim the provisional registration of this case, as of the date of the closing of argument of this case). The defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case with respect to the land

In regard to this, the Defendant did not specify the secured claim, arguing that the provisional registration of this case is a provisional registration for security, and even if the right to complete the sale is extinguished, the secured claim is still valid.

Even if the provisional registration of this case was completed for the purpose of securing a specific secured claim, the time limit for the secured claim is set.