1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the 2nd page of the first instance judgment, the provisional registration of the right to claim the transfer of ownership in the 13th sentence is regarded as "provisional registration of the right to claim the transfer of ownership (hereinafter referred to as "provisional registration of this case")."

Part 2 of the judgment of the court of first instance, the 14th to 18th are as follows.

“2) The principal industry of a limited liability company (hereinafter “principal industry”) completed the additional registration prior to the right to claim ownership transfer from the network F on September 7, 2007 due to the transfer of the right to claim ownership transfer from the networkF on September 4, 2007, and completed the principal registration based on the above provisional registration on September 20, 207. On April 15, 2009, the principal industry agreed to transfer the ownership of the apartment of this case to the Defendant on April 16, 2009, and completed the registration of ownership transfer on April 16, 2009.

"Provisional registration of ownership transfer claim" and "Provisional registration of ownership transfer claim" are different from "Provisional registration of provisional registration of provisional registration of ownership transfer claim" in the first instance judgment No. 3, 12 and 18. The judgment of the defendant as to the defendant's argument regarding impossibility of performance is as follows. Since the provisional registration of this case that the main industry acquired from the networkF is valid, the defendant can complete the principal registration based on the provisional registration of this case in the name of the main industry on behalf of the main industry, so the defendant's obligation to transfer ownership to the plaintiff is not impossible. Even if provisional registration for preserving the right to claim ownership transfer registration is completed, it is not presumed that the right holder has any legal relation to the right to claim ownership transfer registration (see, e.g., Supreme Court Decision 79Da239, May 22, 1979; Supreme Court Decision 2009Da239, May 22, 2009).