Litigation costs shall be borne by the plaintiff.

A. On October 27, 2006, with respect to the real estate listed in the separate sheet (hereinafter “instant land”) owned by C, the provisional registration of the right to claim ownership transfer in the Defendant’s name (hereinafter “the provisional registration of this case”) was completed on November 1, 2006, under the receipt No. 8816 on November 1, 2006 of the Chuncheon District Court’s Seocheon Branch Office of Registry on November 1, 2006.

B. C died on or around April 2014, and the Plaintiff’s wife and D’s heir are C’s children.

C. On November 10, 2014, the Defendant filed a lawsuit seeking the principal registration on the basis of the instant provisional registration by asserting that the date of completion of the sale under the pre-sale agreement entered into with C and D was October 31, 2009. On April 7, 2015, the court rendered a judgment that “the Plaintiff and D shall implement the procedures for the transfer of ownership on the basis of the completion of the pre-sale agreement on October 31, 2009,” and the said judgment became final and conclusive on July 10, 2015.

(2) The grounds for recognition are as follows: (a) facts which have no dispute; (b) evidence Nos. 1, 2, and 4; (c) evidence Nos. 1 and 2; and (d) the purport of the whole pleadings and arguments Nos. 1 and 2.

2. Determination

A. On the ground that whether the instant lawsuit conflicts with res judicata or not, the Plaintiff asserted that the provisional registration of this case was null and void, and that its revocation registration is sought against the Defendant, the Defendant asserts that the instant lawsuit conflicts with res judicata of the judgment on the previous suit of this case.

However, res judicata of a final and conclusive judgment only completes the conclusion of the judgment on the existence of a legal relationship alleged as a subject matter of lawsuit and does not affect the existence of a legal relationship, which is a premise, and thus res judicata of a judgment in a prior suit ordering the implementation of procedures for ownership transfer registration based on provisional registration applies only to the existence of a claim for ownership transfer registration, which is a subject matter of lawsuit, and only to the existence of a claim for ownership transfer registration and the reason for the judgment