The judgment below is reversed, and the case is remanded to the Daegu District Court.

The grounds of appeal are examined.

1. The reasoning of the lower judgment and the evidence duly admitted by the lower court reveal the following facts.

The instant real estate was originally owned by C. On August 21, 1989, C completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on the ground of trade reservation on the same day with respect to the said real estate to F on August 21, 1989.

B. On September 16, 2003, the Korea District Court and its branch court rendered a provisional attachment order of this case as the claim amounting to C from the Daegu District Court and its branch court as the preserved right to the claim amounting to 327,747,887.

Accordingly, the registration of provisional seizure of this case was completed in the name of the next person in the name of the real estate in this case.

C. On October 31, 2003, Han-geon transferred the instant claim to the Plaintiff, and notified C of the assignment of the said claim.

A, while purchasing the instant real estate from C, agreed with C, etc. to divert the provisional registration of this case, completed the additional registration before the provisional registration of this case with respect to the instant real estate on September 14, 2004, and completed the principal registration based on the provisional registration of this case.

Accordingly, the registration of provisional seizure of this case was cancelled ex officio on November 8, 2004.

E. As to the instant real estate, A, on September 14, 2004, completed the registration of creation of a mortgage on the maximum debt amount of 350,000,000 won, and the debtor A, on September 14, 2004, on the one hand, on the other, Cheongsung F&D Co., Ltd. (hereinafter “Cheongsung F&D”), and completed on February 24, 2009 the registration of creation of a mortgage on the other two occasions, Cheongsung F&D Co., Ltd. (hereinafter “Cheongsung F&D”).

F. The Defendant, as C’s children, completed the registration of ownership transfer on July 16, 2010 for the instant real estate based on sale on July 15, 2010.

G. The Defendant received the decision to permit the sale of the instant real estate during the voluntary auction procedure conducted at the request of Cheongsung C&D.