1. The defendant is the Seoul Eastern District Court with respect to the real estate stated in the attached list to the plaintiff's intervenor.

Plaintiff

Comprehensively taking account of the facts of recognition as to the claim of the acquiring intervenor Gap 1-6 and the purport of the entire pleadings, registration of ownership transfer was completed on September 14, 1990 as to the real estate listed in the separate sheet (hereinafter "12"), and D, on November 15, 1994, promised to sell No. 112 to the defendant on November 15, 1994, and as to subparagraph 112, the Seoul East East Eastern District Court registration Office No. 132455, Nov. 18, 1994, "the provisional registration of the right to claim ownership transfer registration" is deemed "the provisional registration of this case."

The fact that the Defendant completed the registration of transfer of ownership on November 27, 2009. However, the Defendant concluded a separate sales contract with D on October 14, 1994 and completed the registration of transfer of ownership on December 19, 194 pursuant to the sales contract with D on October 14, 1994. The Defendant sold subparagraph 112 to the Plaintiff on July 31, 2009 and completed the registration of transfer of ownership on November 27, 2009. The Plaintiff sold subparagraph 112 to the Plaintiff’s Intervenor on January 16, 2016 and completed the registration of transfer of ownership on March 16, 2016.

Judgment

According to the legal principles of Supreme Court Decision 95Da29888 delivered on December 26, 1995, a claim shall be extinguished due to confusion only when the claim and the obligation belong to the same subject. Thus, the claim cannot be deemed to belong to the same subject solely on the ground that a person who holds a claim concerning a specific object becomes the owner of the article, and the claim concerning the article shall not be extinguished due to confusion. If a provisional registration has been made to preserve the right to claim ownership transfer registration under a sales contract, a claim for the principal registration based on the provisional registration against the person who has the right to the provisional registration shall be a claim, unless the person who has the right to the provisional registration succeeds to the person who has established the provisional registration or assumes the obligation to perform the principal registration based on the provisional registration, the right to the provisional registration shall be based on the provisional registration.