1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. 1) Of the multi-family housing of 102, 202, and 402 on the D ground of macro-city D 8 (hereinafter referred to as the instant real estate)

A) On July 20, 2010, the registration of initial ownership was made in E and F’s shares 1/2, and the F’s shares were transferred to E on July 30, 2010, and E became the sole ownership of E. (2) On October 7, 2010, the Defendant made a provisional registration of the right to claim ownership transfer on the ground of a pre-sale agreement on the same day with respect to the instant real estate.

3) On December 9, 2010, the ownership of the instant real estate was transferred to the Plaintiff. (b) On June 27, 2011, upon the application from the creditor G, the voluntary auction was commenced with respect to the instant real estate by the Changwon District Court through the Changwon District Court. (c) On July 5, 2012, the date of distribution of the said auction, the said auction was the date of distribution, and the said court deemed the Defendant to have established a provisional registration for the security of claims, and prepared a distribution schedule that distributes KRW 94,41,196 to the Defendant in the fourth priority order. Accordingly, the Plaintiff, as the owner of the real estate, raised an objection against the distribution, and filed a lawsuit of demurrer against the distribution on July 12, 2012. [In the absence of any dispute, evidence No. 2, evidence No. 3-1 to 3, and the purport of the entire pleadings, as

2. Determination on the defense prior to the merits

A. The gist of the defendant's defense is that the plaintiff filed a lawsuit against the defendant seeking cancellation of provisional registration in the name of the defendant with respect to the real estate of this case and received a final judgment against the loss. The plaintiff's lawsuit of this case constitutes the same lawsuit that denies the effect of provisional registration in the name of the defendant, and thus, the plaintiff

B. According to the evidence evidence Nos. 1 and 2, the Plaintiff filed a lawsuit seeking the cancellation of provisional registration under the name of the Defendant for the instant real estate under the name of the Changwon District Court 201Kahap708, which was rendered by the court of first instance, and the Plaintiff filed an appeal under the Busan High Court 201Na4974, but around March 14, 2012.