A. On October 19, 2011, the Plaintiff owned a forest land of Gyeonggi-gun, C, 6610 square meters (hereinafter “instant land”). The representative of Nonparty D Co., Ltd. entered into a sales contract with Nonparty F Co., Ltd. (hereinafter “F”) with the Plaintiff’s agent to sell the instant land for KRW 600 million (hereinafter “instant sales contract”).

B. The sales contract prepared at the time of the instant sales contract is KRW 20 million, intermediate payment KRW 200 million, and remainder KRW 200 million, but the contract deposit is paid at the time of the contract, other than the intermediate payment and remainder payment.

On the other hand, the special contract of this case is stipulated as the special contract of this case as "the seller and the purchaser shall consult with the articles of the proviso in the subsequent consultation with each other."

C. At the time of the instant sales contract, the Defendant was one of the joint representative directors of F at the time of the instant sales contract, and completed on October 20, 201, the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”).

【Reasons for Recognition: Each entry in the Evidence Nos. 1, 2, and 5, and the purport of the whole pleadings】

2. Summary of the parties' arguments

A. The plaintiff's assertion first, although the provisional registration of this case was completed to preserve F's right to claim ownership transfer registration under the sales contract of this case, the defendant, not F, becomes a provisional registration holder. Thus, the provisional registration of this case in the name of the defendant is null and void as a registration in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name Act").

Second, the sales contract, which was made at the time of the instant sales contract, did not specify the intermediate payment and the outstanding payment date, but was made oral by October 30, 201, to pay the intermediate payment of KRW 200 million until December 31, 201, and the balance of KRW 200 million until December 31, 201, and the F’s payment date once until January 15, 2012.