1. Revocation of a judgment of the first instance;

2. The defendant has jurisdiction over the real estate stated in the attached list to the plaintiff.

1. The reasoning for this court’s explanation is as stated in Article 420 of the Civil Procedure Act, since the reasoning for this part of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article.

2. The parties' assertion

A. Plaintiff 1) The Plaintiff paid the sales price of the instant apartment. 2) The person entitled to make a provisional registration of the instant provisional registration is D, which is not the creditor of the Plaintiff. The provisional registration of this case is null and void as a provisional registration under the name of a third party.

3) Even if the provisional registration of this case is valid, D received all of the claims from the forest Korea and extinguished the right to the provisional registration of this case. The Defendant completed the additional registration prior to the provisional registration in the condition that the preserved claim for the provisional registration of this case is extinguished, which must be cancelled. 4) Even if the secured claim for the provisional registration of this case is the Plaintiff’s apartment sale price claim against the forest Korea, the claim for the sale price was extinguished after the lapse of five years from March 30, 2007 when the Plaintiff acquired the ownership of the apartment of this case, and therefore the provisional registration of this case should also be cancelled following the extinguishment of the preserved claim.

B. Defendant 1) The secured debt of the instant provisional registration is the remainder of the claim against the Plaintiff for the instant apartment against the Plaintiff, and the Plaintiff did not pay up to now the amount of KRW 53 million, which is the remainder of the claim. (2) The secured debt of the instant provisional registration was transferred from the forest Korea to the Defendant via D.

There was an agreement between the plaintiff, forest Korea, and D on the provisional registration of this case in the name of a third party, not a creditor, and since the above secured debt actually reverts to the defendant according to the assignment of claims, this is a valid registration.

Even if the provisional registration of this case is not valid, the plaintiff and the defendant agreed to use the provisional registration of this case.

3. Provisional registration of this case