The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. If a creditor of provisional disposition becomes final and conclusive by winning a judgment in the lawsuit on the merits of the case after a registration of prohibition of disposal on immovables has been made, the effect of provisional disposition may be denied within the scope of the right to preserve

(See Supreme Court Decision 200Da65819 Decided February 28, 2003). Accordingly, in a case where the registration of transfer of ownership or restriction on disposal is made with respect to the real estate on which the prohibition of disposal for preserving the right to claim registration of establishment of a mortgage has already been registered, the registration of transfer of ownership or restriction on disposal is to realize the right to be preserved after the provisional disposition is finalized in favor of the principal lawsuit, the registration of transfer of ownership or restriction on disposal, etc., which was made after the provisional disposition registration, does not interfere with the acquisition of mortgage by the provisional disposition creditor, and thus the registration is not cancelled. However, to the extent that it conflicts with the acquisition of mortgage by the provisional disposition creditor, it cannot be asserted against the provisional disposition creditor due to the restriction on the acquisition or disposal of rights

When making a registration of establishment of mortgage, etc. to realize the right to be preserved after the registration of prohibition of disposal for preserving the right to claim the establishment of a right other than ownership such as mortgage, the registration of such establishment is also based on provisional disposition in order to indicate that the acquisition of the right registered after the registration of provisional disposition or the restriction on disposal cannot be asserted against the acquisition of mortgage, etc. by the creditor of provisional disposition (see Article 95 of the Registration of Real Estate Act). In such a case where the registration for realizing the right to be preserved of provisional disposition is made, it is merely merely because the purpose of provisional disposition is attained and the registration

Therefore, the establishment registration for realizing the preserved right after the prohibition of disposal was registered to preserve the right to claim the establishment registration.