1. The Defendant is the Incheon Central District Court No. 1227, Mar. 28, 201 with respect to the land size of 6,059 square meters of Jung-gu Incheon Central District Court, Jung-gu, Incheon.

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) extended loans of KRW 10 billion on May 31, 2007 to B, and KRW 5 billion on July 30, 2007. As of September 10, 2015, the Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) extended loans of KRW 5,174,88,076, interest9,742,81 in total to KRW 14,274,630,887.

B. On March 28, 2011, the Defendant completed the registration of ownership transfer claim based on the promise to trade on the same day as the Incheon District Court No. 12227, Jun. 28, 201 with respect to the land of Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant real estate”).

(hereinafter “Provisional Registration of this case”). C.

The Seoul Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as the trustee in bankruptcy of the Seoul Savings Bank.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant concluded a pre-sale agreement with B on the instant real estate, and thus, the instant provisional registration is not aimed at preserving the right to claim ownership transfer.

Even if the provisional registration of this case is the provisional registration of security, since the monetary loan contract between the defendant and B is a juristic act by false representation of agreement, the provisional registration of this case is the registration of invalidity of the cause.

Therefore, the plaintiff, as the creditor of B, seeks implementation of the procedure for the cancellation registration of the provisional registration of this case by subrogation.

B. The defendant alleged that he lent KRW 100 million to D on May 29, 2009, and D lent KRW 600 million to B on the same day, and completed the provisional registration of this case to secure KRW 300 million among them.

Therefore, since the defendant has the secured claim against B, the provisional registration of this case is not a provisional registration of invalidity of the cause.

3. Determination

A. The following facts are recognized in light of the following facts according to the respective descriptions (including paper numbers) of evidence Nos. 4, 4, 1, 2, and 3 and the purport of the entire pleadings:

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