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1. The defendant on February 2, 2006, concerning the real estate stated in the list of attached real estate to the plaintiff.
Reasons
1. In the absence of dispute, the fact that the provisional registration of the Defendant’s right to claim a transfer of ownership (hereinafter “instant provisional registration”) was completed on February 24, 2006 with respect to the real estate listed in the order of ownership C (hereinafter “instant real estate”), which was recorded in the order of ownership (hereinafter “instant real estate”), and the fact that the said real estate was sold to the Plaintiff on June 26, 2015 at the above auction procedure is no dispute between the parties.
2. The gist of the party’s assertion is the cause of the claim in this case. The provisional registration in this case was made based on false marking, and thus null and void or the provisional registration in this case was extinguished in the auction procedure as a security registration, the Defendant asserted that the provisional registration in this case was made in order to preserve the right to claim ownership transfer registration while entering into a pre-sale agreement with Nonparty C with respect to the real estate in this case.
3. The following circumstances, which are acknowledged as comprehensively taking account of the statements in Gap evidence 1 through 5, Eul evidence 3 and 4 and witness Eul's witness's witness's testimony, i.e., Eul was awarded a successful bid of the real estate amounting to KRW 12 million around February 10, 2006. The defendant asserted that he concluded a promise to purchase the real estate of this case from Eul around February 8, 2006 with the intention of purchasing KRW 30 million. The defendant applied for a demand for distribution based on the provisional registration of this case in the auction procedure of this case, and raised an objection against other distribution creditors. The defendant did not submit objective materials to prove that the defendant had filed a registration based on the provisional registration of this case from the time of the completion of the provisional registration of this case to the date of the closing of argument of this case, and the contents of the loan certificate prepared between the defendant and C, etc.