1. Revocation of the first instance judgment.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is on the 2,387 square meters of Boli-si Co., Ltd.

1. Basic facts

A. On April 4, 2009, D completed the registration of ownership transfer in its future on April 30, 2010 due to inheritance by consultation division, as to the land of this case (hereinafter “instant land”).

(see Evidence A 1). (b)

On April 8, 2013, the F voluntarily auction procedure was conducted on the application of the E Union, the mortgagee of the instant land, the debtor of which, at the request of the Daejeon District Court.

(see Evidence A 1). (c)

On January 21, 2014, the Plaintiff completed the registration of ownership transfer in his/her future on January 21, 2014, and on January 21, 2014, on January 21, 2014, the Plaintiff completed the registration of ownership transfer based on the “sale on January 2, 2014” (the registration of ownership transfer as stated in paragraph (2) of this Article).

(See Evidence A No. 1). 【No. 1’s fact of recognition, absence of dispute, entry of Evidence A No. 1, and purport of the whole pleadings.

2. Judgment on the principal lawsuit

A. Even if the Act on the Security of Provisional Registration, etc. is not applicable, where a creditor has made a provisional registration on real estate for the purpose of securing a claim but failed to obtain repayment by the due date, and thereby has made the principal registration of transfer of ownership based on the provisional registration, the obligation to claim and obligation ceases to exist if the debtor fails to repay the secured obligation at the due date, and the ownership of the real estate is attributed to the creditor finally and conclusively, barring any special agreement between the parties, such principal registration is made for the purpose of securing a claim and is scheduled to be settled.

In addition, in the event of transfer for security of a weak meaning, the obligor shall at any time make a repayment of the obligation, and the obligee shall make a cancellation of the principal registration based on the provisional registration and the provisional registration, even after the maturity of the obligation has expired, if the obligee had exercised the security right and completed the settlement procedure.