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The judgment below
The part against the plaintiff is reversed, and that part of the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
Based on the subscription to purchase and sale, the provisional registration has been completed in the future of the beneficiary, and the subsequent purchaser has completed the additional registration before the provisional registration, and the principal registration based on the provisional registration has been completed.
Even if the above supplementary registration indicates the transfer of the rights of the beneficiary based on the promise to sell and purchase, which is a fraudulent act, and the status as the beneficiary is not extinguished by the above supplementary registration, and the creditor may file a claim against the beneficiary for the revocation of the promise to sell and purchase, which is a fraudulent act.
In addition, even if the performance of the obligation to cancel provisional registration, which is the obligation to return the original property of the beneficiary, is impossible due to the reason that the eligibility of the beneficiary is denied in a lawsuit seeking cancellation of the above provisional registration and the principal registration, as a result of the additional registration, and barring any special circumstance, the beneficiary shall be liable to restore the creditor's shortage in joint security arising from the above provisional registration and the principal registration as a result
I would like to say.
(2) According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, each of the real estate listed in the Attachment No. 4 was subject to the provisional registration on July 8, 2009, on which the Defendant’s right to claim ownership transfer (hereinafter “instant provisional registration”) was registered on June 24, 2009 at the time of the original adjudication, on May 21, 2015. The provisional registration on each of the real estate listed in the Attachment No. 4 was completed under the name of H on August 6, 2009, under the name of H on August 6, 2009, F, and G on August 5, 2009, and the provisional registration prior to the provisional registration was completed under the name of H on August 28, 2009.
In light of the above legal principles, the above facts are examined.