1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On December 4, 2013, the Plaintiff decided to sell real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to co-defendant B (hereinafter “B”) of the first instance trial on December 4, 2013 at KRW 110 million.

B. The Plaintiff agreed with B that the provisional registration right holder B should complete the provisional registration of ownership transfer registration right claim. On December 4, 2013, the Plaintiff completed the provisional registration of ownership transfer registration claim on the ground of the pre-sale promise (hereinafter “the provisional registration of this case”).

C. On December 2, 2014, the Plaintiff and B newly prepared a sales contract to sell the instant real estate in KRW 110 million, based on which the Plaintiff and B completed the registration for transfer of ownership in B’s name (hereinafter “this case’s registration”) on December 3, 2014, which was received on December 3, 2014 from the Changwon District Court, No. 32566, which was received on December 3, 2014.

On February 26, 2015, the Plaintiff and B rescinded the agreement on the said sales contract, and on February 27, 2015, the instant principal registration was cancelled on the grounds of the cancellation of the said agreement.

E. The provisional registration of this case was not cancelled even after the termination of the said agreement. Accordingly, on May 27, 2015, the Defendant was ordered to attach the right to claim for ownership transfer registration based on the provisional registration of this case against the Plaintiff in the Changwon District Court through the Changwon District Court, issued a seizure order as to the right to claim ownership transfer registration based on the provisional registration of this case, and completed the supplementary registration of the right to claim ownership transfer registration on June 17, 2015.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), witness B of the trial party, witness C of the trial party, and the purport of the whole pleadings

2. The assertion and judgment

A. The obligation to transfer ownership of a person obliged to make a provisional registration, which is the cause of a provisional registration, to determine the cause of the claim, is extinguished when the obligation is completed in accordance with the content thereof, the right to claim ownership transfer registration to be preserved on the basis of the provisional registration.