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 November 15, 2013, D shall determine the price of KRW 200,00,000 as to the 1,647 square meters (hereinafter “the instant real estate”) before the Defendant’s possession of the Defendant on December 15, 2013, as the date of the completion of the purchase and sale promise, and on December 31, 2013, as the date of the completion of the purchase and sale promise. Upon the lapse of the said date, D prepares a pre-sale document stating that the purchase and sale is deemed to have been completed as a matter of course without the buyer’s expression of intent to complete the purchase and sale (hereinafter “the instant pre-sale promise”), and completed the registration of the claim for ownership transfer on November 19, 2013 by Suwon District Court’s receipt of the registration office of the Sungwon District Court pursuant to the said pre-sale

(hereinafter “Provisional Registration of this case”). (b)

On February 21, 2014, the Plaintiff acquired the provisional registration of this case from D on February 21, 2014, and completed the registration of transfer of ownership transfer claim on February 24, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1) ① The instant provisional registration was completed in order to preserve the order of the right to claim ownership transfer registration regarding the instant real estate, and a sales contract was established on December 31, 2013 according to the instant promise to sell and purchase the instant real estate. Therefore, the Defendant is liable for the Plaintiff, who received the instant provisional registration, to implement the ownership transfer registration procedure based on the completion of the instant promise to sell and purchase the instant real estate. ② Even if the instant provisional registration falls under the provisional registration, the value of the instant real estate falls short of the secured claim amount of the instant provisional registration. Thus, the Defendant is liable for the Plaintiff to implement the principal registration procedure based on the completion of settlement based on the instant provisional registration as to the instant real estate, as the instant provisional registration falls under the provisional registration, and the Plaintiff is obliged to perform the principal registration procedure based on the completion of settlement based on the instant provisional registration.2) The instant provisional registration