1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On August 10, 2015, the Plaintiff completed the registration of the right to request the transfer of ownership on August 7, 2015, with respect to the first floor F of the Gangnam-gu Seoul E Ground Building (hereinafter “instant building”).

B. On August 27, 2015, G completed the registration of establishment of the right to collateral security with respect to the instant building, and thereafter filed an application for voluntary auction on the basis of the said right to collateral security. In the auction procedure, the Defendants paid the purchase price to the purchaser in full and completed the registration of transfer of ownership on November 2, 2016, respectively.

(c)

After that, on April 1, 2020, the registration of ownership transfer by the Defendants was cancelled ex officio according to the completion of the principal registration based on the above provisional registration.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Since the Plaintiff’s priority provisional registration was completed on the instant building, it is clear that a prior provisional registration is not cancelled and it will be taken over to the buyer even if a voluntary auction procedure is conducted on the basis of the next lower priority order, and it was clearly notified in the actual process of sale at the court, and the terms and conditions of sale were also indicated, and the Defendants acquired ownership by being the buyer even though they knew of such fact.

Ultimately, the registration of transfer of ownership by the Defendants was cancelled due to the completion of the principal registration based on the Plaintiff’s provisional registration, and the acquisition of ownership by the Defendants was null and void from the beginning. Since the Defendants obtained unjust benefits from November 2, 2016 to April 1, 2020 when the registration of transfer of ownership was cancelled, the total sum of the rent for the instant building was KRW 90 million, and thus, the Defendants are obligated to return it to the Plaintiff.

B. The provisional registration is the only effect of the priority preservation of this registration, and if the principal registration is completed later, it is retroactive to the time when the priority order of this registration is registered.