1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 27, 2012, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on the real estate in the separate sheet owned by C (hereinafter “instant real estate”) as indicated in the separate sheet as of July 27, 2012, which was received on July 27, 2012 by the court No. 174897, supra.

B. The Plaintiff purchased the instant real estate at the instant court D Real Estate Auction Procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on March 7, 2017.

C. E entered into a lease contract with C on November 28, 2007 and resided after completing a move-in report as of November 28, 2007. On February 24, 2012, E entered into a lease contract by setting the lease deposit amount of KRW 150,000,000 and the lease term of February 28, 2012 from February 28, 2012 to February 27, 2014, and obtained a fixed date on February 28, 2012.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts to the purport that the provisional registration of this case completed thereafter should be cancelled, since the tenant with opposing power and preferential right of payment of E have the nature of the statutory security right.

In full view of the purport of the entire arguments in the above evidence, as the defendant did not report the right in the auction procedure of this case, the court of execution did not take over the plaintiff, who was the buyer, by deeming the provisional registration of this case, which is the highest priority on the registry order preservation, as the provisional registration of this case, as the provisional registration of this case was taken over to the plaintiff, and concluded the auction procedure. It is acknowledged that Eul did not demand a distribution in the auction procedure of this case. As seen later, as long as the provisional registration of this case is not recognized as the provisional registration of this case as the security provisional registration of this case, E did not have the opposing power and the fixed