A. On July 17, 2013, the Plaintiff filed a lawsuit claiming the return of the down payment on the grounds of the cancellation of the sales contract with respect to B forest land B 16,160 square meters (hereinafter “the instant real estate”) with respect to Daean L&W Co., Ltd. (hereinafter “S&W”), and rendered a favorable judgment in favor of the Plaintiff who paid the amount calculated by the rate of KRW 40,000,000 and KRW 20% per annum from July 11, 2012 to the day of complete payment. The said judgment became final and conclusive around that time.

B. Meanwhile, on the other hand, on the instant real estate: (a) on February 28, 201, Daejeon District Court Sejong District Court received on March 4, 2011, the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) was completed on the grounds of the purchase promise on February 28, 201, and (b) C completed the transfer registration of the instant provisional registration under subparagraph 107868 of the receipt of the same registry office on July 29, 2011 to the Defendant on the grounds of transfer of contract on July 28, 2011; and (c) the Defendant completed the transfer registration of the instant provisional registration on December 24, 2013 (No. 46236).

C. At the time of the closing of argument in the instant case, Synan Annb is insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff 1’s assertion by the parties is that, in collusion with C to avoid the risk of causing a provisional seizure, etc. on the instant real estate to the creditors, the provisional registration of this case was completed to C in collusion with C in order to avoid this, and the provisional registration of this case was completed to C is null and void on the basis of a false sale reservation. The Defendant knowingly received the provisional registration of this case and completed the registration of transfer of ownership in this case, thereby completing the registration of transfer of ownership, and the Defendant may also assert the above invalidity.

Therefore, in subrogation of the insolvent S&W.