1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C completed the provisional registration of this case against the Defendant on the ground of a pre-sale promise made on August 13, 2009 by the District Court of Jeonju, 10157, which was received on August 13, 2009, and December 30, 2008.

B. On June 9, 2010, the Plaintiff completed the provisional attachment registration of KRW 120,986,673 (hereinafter “registration of provisional attachment”) with the Jeonju District Court 2010Kadan2546 as to the instant shares.

In addition, on December 30, 2010, the Plaintiff filed a payment order against C with the Jeonju District Court Branch 2010 tea316, and received a payment order from the above court, “C shall pay to the Plaintiff 96,428,158 won and the amount calculated at the rate of 15% per annum from August 31, 2010 to the day of full payment, within the limit of 21,984,300 won,” and the above payment order was finalized around that time.

C. On October 8, 2019, C had completed the principal registration of the instant case on October 8, 2019 with respect to the instant shares issued to the Defendant on October 8, 2019 by the Janan District Court No. 9394, Oct. 8, 2019, on the ground of sale as of August 20, 2019.

On October 8, 2019, the registration of provisional seizure of this case was cancelled ex officio due to the principal registration of this case. D.

C is insolvent.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 1, Eul evidence 1, the purport of whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiff: The Defendant’s right to make a settlement of the purchase and sale reservation against C has ceased to exist as of December 30, 2018 after the lapse of the exclusion period from the date of reservation; thus, the provisional registration and the principal registration of this case must be cancelled as of December 30, 2018. The Plaintiff seeks cancellation of the provisional registration and the principal registration of this case by subrogation of C as a creditor of C: the Defendant’s right to make a settlement of purchase and sale reservation against C on August 20, 2019; and the registration of this case is duly completed by the Defendant’s exercise of the right to

B. To preserve the right to claim ownership transfer registration on the basis of the pre-sale agreement for real estate sale.