Litigation costs shall be borne by the plaintiff.

A. On March 23, 2018, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on March 23, 2018, regarding the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

B. On August 27, 2018, on the basis of the provisional registration of this case, the Defendant applied for an auction on September 3, 2018, with respect to the instant real estate as “the agreed party calculated by the annual rate of 204,00,000 won and 24% from August 24, 2018 to the date of full payment,” on the premise that the said provisional registration is a provisional registration as a security registration, and filed an application for an auction at will with the court for auction on September 3, 2018.

C. On May 23, 2019, this Court held that on the date of distribution, the Defendant, the holder of the right to provisional registration for the third-class security, the Defendant, who is the holder of the right to register for the third-class provisional registration for the distribution of KRW 240,00,00, and the Plaintiff, the owner of the right to hold concurrent office, who is not the owner of the debtor, is not more than the dividend

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the dividend amount of the Defendant, and on May 28, 2019, filed a lawsuit of demurrer against distribution of the instant case. 【The fact that there is no dispute over the grounds for recognition, part of the evidence No. 1, the entry of evidence No. 2 through No. 4, and the purport of the entire pleadings.

2. On March 23, 2018, the Plaintiff’s summary of the Plaintiff’s assertion completed the instant provisional registration upon the buyer’s request in order to secure the purchase price and preserve the buyer’s right to claim ownership transfer registration while selling the instant real estate to D on March 23, 2018. Therefore, the provisional registration of this case is a provisional registration for priority

Therefore, since the distribution of dividends against the defendant is improper, the distribution schedule of this case must be revised as stated in the purport of the claim.

3. Determination

A. Whether provisional registration is a provisional registration is a security registration is not formally determined by the type of documents given and received at the time of indication or registration on the registry, but is a matter to be determined by the substance of the transaction and the interpretation of the intent of the party.

Supreme Court Decision 91Da36932 delivered on February 11, 1992