1. On September 25, 2014, the Defendant: (a) on each real estate listed in the attached list to the Plaintiff, the Youngcheon District Court’s Yeongdeungpo Branch Branch Branch Branch Office was Youngcheon District Court

In fact, the provisional registration of the Plaintiff’s name (hereinafter “the provisional registration of this case”) was completed on September 25, 2014 with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the Defendant, as the receipt No. 10659, Sept. 25, 2014, which was based on the monthly branch court of Chuncheon District Court’s monthly branch court’s receipt of September 25, 2014.

On June 7, 2016, a copy of the complaint of this case, indicating the intent of the Plaintiff to exercise the right to complete the purchase and sale reservation against the Defendant, was served on the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence 2 (including a provisional number; hereinafter the same shall apply), the gist of the plaintiff's assertion of the parties to the entire pleadings is that the provisional registration of this case was based on the contract between the plaintiff and the defendant on September 23, 2014, which was concluded between the plaintiff and the defendant, and the plaintiff exercised the right to complete the purchase and sale reservation. Thus, the defendant is obligated to implement the procedure for ownership transfer registration based on the provisional registration

Judgment

The provisional registration of this case is not a provisional registration based on a sale contract, but a provisional registration to secure a loan lent by the plaintiff to the defendant. Since the plaintiff did not go through a liquidation procedure prescribed in the Act on Security, etc. of Provisional Registration, etc.,

Judgment

Considering the following circumstances, it is reasonable to see that the provisional registration of this case was based on a trade reservation agreement concluded between the Plaintiff and the Defendant, and the provisional registration of this case cannot be deemed a provisional registration of this case as a security registration, in view of the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1, 2, 4, 6, 7, 8, 10, and

① On September 23, 2014, the Plaintiff and the Defendant respectively entered into a pre-sale agreement with the purchase price of KRW 80 million on the instant real estate, and a pre-sale agreement with KRW 100 million on the purchase price of KRW 868 square meters on the land D at the time of leisure, and a pre-sale agreement with KRW 100 million on the purchase price of KRW 1234 square meters on the land E at the time of leisure.

The defendant shall make a right to collateral security on each of the above immovables at the time.