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. The facts falling under each of the following subparagraphs may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 8 and 10 (including branch numbers):

C On August 30, 2018, the Defendant and the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) on the housing listed in the separate sheet owned by the Defendant (hereinafter “instant housing”) and completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on August 31, 2018 as to the instant housing on the ground of the instant pre-sale agreement.

On the other hand, C concluded a mortgage contract with the Defendant on August 30, 2018 and completed the registration of creation of a mortgage on the instant housing on August 31, 2018 (hereinafter “the registration of creation of a mortgage”).

B. On September 29, 2018, the Plaintiff remitted KRW 20 million to C. On December 6, 2018, the Plaintiff and C concluded a contract for the transfer of the instant provisional registration right, and completed the supplementary registration prior to the provisional registration on December 7, 2018, which was based on the instant contract for the transfer of the right to the instant provisional registration with respect to the instant housing. The Plaintiff and C concluded the instant contract for the transfer of the right to the instant housing on December 6, 2018, and completed the supplementary registration prior to the instant provisional registration on December 7, 2018.

On the other hand, on December 6, 2018, C notified the Defendant that C transferred the secured debt of the instant right to collateral security to the Plaintiff by content-certified mail.

2. The provisional registration of this case’s assertion was completed to preserve the order of priority of the Defendant’s claim for ownership transfer based on the purchase and sale reservation regarding the housing of this case, and is separate from the mortgage of this case, the Defendant’s obligation for borrowed money of KRW 20 million against C as the secured obligation, and is not the provisional registration for security.

The reservation of this case is made.