1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On February 16, 2009, the Plaintiff completed on August 13, 2008 the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) on the instant real estate to codefendant B (hereinafter “B”).

B. On September 9, 2009, the Defendant seized the right to claim the registration of transfer of ownership pursuant to the above purchase and sale reservation on the ground that B was in arrears with national taxes, and according to the above attachment, the provisional registration of this case was completed on September 21, 2009.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 1, Eul 2, 3 and 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. A. Around August 13, 2008, the sales contract was concluded between the Plaintiff and B with respect to the instant real estate, but the said sales contract was rescinded because B did not pay any balance of KRW 100 million. Thus, the Defendant is obligated to express his/her consent on the cancellation registration of the instant provisional registration.

Even if the provisional registration of this case constitutes the provisional registration of security, there is no secured claim secured by the above provisional registration, and thus, the defendant should express his/her intention to accept the registration of cancellation of the provisional registration of this case.

B. The provisional registration of this case by the Defendant is established to secure the design service payment obligation against D Co., Ltd., operated by the Plaintiff, and constitutes a provisional registration for security, and thus, it cannot comply with the Plaintiff’s request.

3. Determination

A. On July 10, 2007, D Co., Ltd. (hereinafter “D”) for which the Plaintiff was the representative director entered into a design service contract (hereinafter “instant design service contract”) with B, with respect to the market improvement project for reconstruction of the Daegu-gu FF market, setting the total contract amount of KRW 285 million (excluding value added tax) and the contract term from July 2007 to October 2008, and the contract term from July 2007 to October 2008.