The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. As to the instant land, the Plaintiff completed the registration of ownership transfer based on the sale on the same date on February 21, 2007, and the Defendant completed the provisional registration of this case based on the trade reservation on the same date on the same date.

B. On May 14, 2012, the Defendant transferred to E Co., Ltd. (hereinafter “E”) the right to transfer ownership based on the provisional registration of the instant land, and completed the supplementary registration based on the transfer of the instant provisional registration on the same day.

C. E filed a lawsuit against the Plaintiff for the implementation of the principal registration procedure based on the provisional registration of this case on the ground of the completion of the pre-sale agreement as of March 26, 2007 with regard to the instant land as Busan District Court 2012Kadan44040, and the above court rendered a judgment accepting E’s claim on January 8, 2013, and the above judgment became final and conclusive as the withdrawal of the Plaintiff’s appeal.

E on January 17, 2020, according to the above final judgment, completed the registration of ownership transfer based on the provisional registration of this case with respect to the land of this case.

E. Meanwhile, on June 11, 2019, the Plaintiff filed a lawsuit against E to cancel the provisional registration of this case as the Busan District Court Decision 2019Kadan9725, and is pending in the first instance trial.

[Ground of recognition] Nos. 2-1, 2, 3-2, 1, 2-3, 1 and 2-2, and the purport of the whole pleadings, without dispute,

2. As to the legitimacy of the instant lawsuit, the Plaintiff sought cancellation of the instant lawsuit against the Defendant on the ground that the provisional registration of this case completed in the future of the Defendant was null and void for the reason that it was the registration of title trust. The supplementary registration of the provisional registration of this case completed in the future E is null and void by a false declaration of agreement, and even if it is sentenced that the transfer of the right to claim ownership transfer based on the provisional registration of this case is null and void by a false declaration of agreement against E, the Plaintiff may prove the title trust against the Defendant separately.