1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 14, 2017, the Plaintiff sold the purchase price of each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”) in the purchase price of KRW 115 million (the KRW 30 million on the date of the contract, the intermediate payment of KRW 40 million on November 10, 2017; and the remainder of KRW 45 million on December 10, 2017; and the seller issued all documents to a person designated by the purchaser with respect to the instant land at the same time as the down payment was received, and the buyer entered into a sales contract including the content of “the instant sales contract” (hereinafter referred to as “the instant contract”). At the same time, the seller entered into a provisional registration for the purchase of the instant land and the purchase of the instant land in order to raise the necessary price for construction works, and the buyer must comply with the terms of the construction permission.

B. According to the instant sales contract, the provisional registration as stated in the separate sheet (hereinafter “the provisional registration of this case”) was completed as to the instant land in the name of D, and the Defendant acquired the provisional registration of this case from D on September 29, 2017, and completed the registration of transfer of provisional registration on October 10, 2017, after taking over the principal and interest on the instant claim for the cause of the provisional registration of this case from D (the principal and interest on the loan to D).

C. On February 9, 2018, the Plaintiff notified C of the rescission of the instant sales contract on the ground that C’s intermediate payment and the remainder are unpaid, and filed the instant lawsuit seeking cancellation against the Defendant who was transferred the instant provisional registration.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the contract of this case was cancelled due to C's intermediate payment and remainder payment, and thus the provisional registration of this case should be cancelled as the registration of invalidity of cause.

The defendant can respond to the plaintiff's request because the provisional registration of this case is a provisional registration for security for loan claims.