1. The plaintiff's claim is dismissed.

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

1. On August 5, 2015, the Defendant: (a) filed a provisional registration of the right to claim a transfer of all shares (hereinafter “provisional registration of this case”) on August 4, 2015 with respect to the share of C among the real estate listed in the separate sheet (hereinafter “instant real estate”); and (b) filed a provisional registration of the right to claim a transfer of shares on the ground of the pre-sale agreement

On or before March 4, 2016, C filed a request for auction for partition of co-owned property as to the instant real estate, and the Plaintiff purchased the instant real estate at the auction procedure around May 22, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination

A. The defendant's summary of the plaintiff's assertion does not have a sales contract.

The payment of 70% of the purchase price as the down payment does not fall under the ordinary commercial transaction customs.

The Defendant did not report the right in the auction procedure of this case, but rather filed a lawsuit of demurrer against distribution.

The provisional registration of this case was extinguished in the auction procedure as a provisional registration for security.

C Co., Ltd. purchased a share of real estate and completed a provisional registration to a third party, and applied for partition of co-owned property, so that it can interfere with the auction procedure and gain profits in the process.

Since the Defendant conspireds with the above corporation to purchase the instant real estate at a remarkably low price by the foregoing method and made the instant provisional registration, the instant provisional registration is null and void as a false declaration of intention in collusion under Article 108(1) of the Civil Act.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

B. First, we examine whether the provisional registration of this case constitutes the provisional registration of collateral security.

In addition to the aforementioned evidence and each statement of evidence Nos. 1 through 5, the Defendant shall purchase from C Co., Ltd. 1/7 shares out of the instant real estate at KRW 30 million, and the Defendant’s purchase at KRW 1/7 shares in the instant real estate around July 24, 2015.