1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 26, 201, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on real estate listed in the separate sheet owned by C (hereinafter “instant apartment”) in order to secure the above loan claims by lending KRW 70 million to D on January 26, 201, as to the real estate in the separate sheet owned by C (hereinafter “instant apartment”).

B. After that, the Plaintiff filed a lawsuit against C with the Seoul Western District Court Decision 2014Ga4423, and C to purchase the instant apartment from C to KRW 290 million (payment for contract deposit of KRW 70 million and the remainder amount for contract deposit of KRW 220 million) and completed a provisional registration based on the purchase and sale reservation while paying the down payment of KRW 70 million. The Plaintiff asserted that C is evading the implementation of the principal registration procedure and claimed implementation of the principal registration procedure based on provisional registration.

However, as C did not submit a written response to the above lawsuit, the Plaintiff was sentenced to a judgment for claimant on April 3, 2015 without holding a pleading, and the above judgment was the same year.

5. 19. The decision was finalized as is.

C. The Plaintiff completed the principal registration of ownership transfer on December 11, 2015, based on the provisional registration of the instant apartment on December 11, 2015 (hereinafter “instant principal registration”). D.

The defendant is residing in the apartment of this case from before the plaintiff completed provisional registration on the apartment of this case to the date of the closing of argument in the trial of the court.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 3 through 5 (including additional numbers), testimony of witness D of the first instance court, purport of whole pleadings

2. Assertion and determination

A. The fact that the Plaintiff completed the registration of ownership transfer on the instant apartment, and the fact that the Defendant occupied and used the instant apartment is as seen earlier, barring any special circumstance, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

B. The defendant's assertion 1) The defendant asserts the actual ownership.