The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. Where a principal registration has been made on the basis of a provisional registration, the issue of whether a legal act which is the cause of a provisional registration and a legal act which is the cause of a principal registration are satisfied unless it is clearly different shall be determined at the time of the juristic act which has caused

(See Supreme Court Decision 2013Da1518 Decided March 27, 2014). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.

(1) On July 28, 2014, G and the lower judgment made a promise to sell and purchase each real estate listed in the separate sheet No. 1 of the lower judgment, and on July 29, 2014, C completed the procedure for provisional registration of ownership transfer claim based on the said promise to sell and purchase each real estate in the name of G.

(2) On December 5, 2014, G completed the additional registration procedure prior to the transfer of ownership transfer claim based on the transfer of contract as of each of the above real estate under the name of the Defendant on December 4, 2014.

(3) On December 15, 2014, C sold each of the above immovables to the Defendant, and on the same day, C completed the procedure for principal registration of transfer of ownership based on the above provisional registration with respect to each of the above immovables under the Defendant’s name.

3. As to the Plaintiff’s claim seeking the cancellation of the sales contract as of December 15, 2014 between C and the Defendant with respect to each of the above real estate and restitution thereof, the lower court affirmed the first instance judgment ordering compensation for damages for the value following the cancellation of the sales contract and the restitution thereof, on the ground that, even though C had been in excess of the obligation at the time of the above sales contract, the sale of each of the above real estate to the Defendant, thereby reducing the general creditors, including the Plaintiff, by selling each of the above real estate to the Defendant, the above sales contract constitutes a fraudulent act, as it constitutes “C’s intention to commit

However, as seen earlier, the transfer registration made on the ground of the above sale contract is based on the above provisional registration. In accordance with the legal principles as seen earlier, the lower court is the ground for provisional registration.