1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 28, 2007, the Defendant completed the provisional registration of ownership (hereinafter “the provisional registration of this case”) on the ground of the registration of the vice branch branch court of the Daegu District Court on the same day and the promise to sell and purchase on the same day (hereinafter “instant reservation”) under Article 47131 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

B. After that, each ownership was transferred in the order of D, E, and F according to the continuous auction procedure. On September 5, 2017, the Plaintiff completed the registration of ownership transfer due to the sale by compulsory auction.

C. On August 6, 2013, the Defendant filed a lawsuit against C on the grounds that Seoggu District Court Branch Office 2013Kadan22311, and the said court rendered a judgment on November 27, 2013 that “C shall implement the procedure for ownership transfer registration based on the provisional registration of the instant real estate on the basis of the instant provisional registration on June 28, 2007,” and the said judgment became final and conclusive on December 13, 2013 (hereinafter “the instant final and conclusive judgment”).

On the other hand, F, the former owner of the instant real estate, filed a lawsuit against the Defendant claiming that the instant provisional registration had ceased to exist due to the auction procedure by filing a provisional registration for security with the Daegu District Court Branch Branch Office 2014Gadan17408, which was the first owner of the instant real estate, but the said court rendered a judgment dismissing F’s claim on the ground that the instant provisional registration cannot be deemed as a provisional registration for security, and the said judgment became final and conclusive on November 3, 2015 due to dismissal of appeal and dismissal of appeal, notwithstanding F’s appeal and appeal.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is a pre-sale and pre-sale of this case.