A. On April 27, 2007, the Plaintiff is the project proprietor who obtained the approval of the housing construction project plan for the land B in Busan-gu, Busan-gu. (2) On April 27, 2007, the Defendant concluded a pre-sale agreement with C as to each of the instant real estate, which is the owner of the land indicated in the table No. 1 (hereinafter “instant land”) contained in the Plaintiff’s said project site and the building No. 34.65 square meters of a single-story residential building (hereinafter “instant building”); and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the same day.

Meanwhile, on March 7, 2012, D, the Defendant’s creditor, made a provisional attachment order with the Busan District Court’s Dong Branch Branch of the District Court as to the Defendant’s right to request the principal registration based on the provisional registration of this case, with the Defendant’s claim of KRW 300 million.

With respect to the provisional registration of this case, the registration of provisional attachment was entered on March 28, 2012.

3) The Plaintiff filed a lawsuit claiming ownership transfer registration against C (2015Na40568) with Busan District Court Decision 2014GaGa226686 (2) (2015Na40568), and received a judgment in favor of the entire provisional execution register on October 16, 2014, upon filing a claim for sale under Article 18-2 of the Housing Act and a request for the delivery of the deadline for sale and sale of each of the instant real estate. The Plaintiff completed the registration of ownership transfer of each of the instant real estate on December 23, 2014, and completed the removal of the instant building on June 12, 2015. Accordingly, the Defendant completed the principal registration based on the provisional registration of this case on the instant land on June 12, 2015, and the Plaintiff’s registration of ownership transfer was revoked.

B. The plaintiff 1 made a claim for sale against C, while the plaintiff requested the defendant to cancel the provisional registration of this case, but the defendant clearly rejected it.