1. The defendant on September 16, 1987 with respect to the real estate stated in the attached list to the plaintiff, Busan District Court Busan District Court registry office.

1. Facts of recognition;

A. On September 16, 1987, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by Nonparty C on August 10, 1987, and completed the registration of ownership transfer on February 17, 1994, separately from the provisional registration of this case on January 21, 1994 (hereinafter “the instant registration”).

B. On March 16, 2017, with respect to the instant real estate, the procedure for compulsory auction of real estate was commenced as Busan District Court D, and the Plaintiff paid the proceeds of sale after receiving a successful bid on June 26, 2018 at the above auction procedure and paid the proceeds of sale.

6. The Busan District Court's Busan District Court's receipt No. 32557 and completed the registration of transfer of one half of the shares together with E.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. (i) The claim is, in principle, extinguished only when the claim and the obligation belong to the same subject, and the claim for the principal registration based on the provisional registration cannot be deemed to fall under the case where the obligation is attributed to the same subject. Thus, in a case where a provisional registration has been made to preserve the claim for ownership transfer registration pursuant to a sale and purchase contract, the claim for the principal registration based on the provisional registration held by the person who has the right to the provisional registration shall be extinguished as long as the person having the right to the provisional registration succeeds to the person having the establishment of the provisional registration or does not take over the obligation to perform the principal registration based on the provisional registration, the right to the provisional registration shall not be subject to the principal registration procedure based on the provisional registration, and the right to the principal registration based on the provisional registration shall not be extinguished pursuant to the legal principle of confusion on the ground that the person having the