1. Revocation of the first instance judgment.

2. The Defendant (Counterclaim Plaintiff) is described in the separate sheet with the Plaintiff (Counterclaim Defendant).

1. The grounds for the court’s explanation of the facts and the parties’ assertion are the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. (1) A provisional registration is made to preserve the claim for ownership transfer.

shall not be presumed to have any legal relationship to claim the registration of ownership transfer.

(See Supreme Court Decision 79Da239 Decided May 22, 1979, Supreme Court Decision 2018Da200730 Decided November 29, 2018). In this case, in light of the following circumstances acknowledged by comprehensively taking into account the descriptions of evidence Nos. 3-2, 11, 12, 5-2, 8-2, and 8 of evidence Nos. 8 and the purport of the entire pleadings in witness testimony of the first instance trial witness C, the provisional registration of this case should be cancelled as a registration invalidation.

① The Defendant appeared at the date of pleading in the first instance court, and stated that the Plaintiff did not obtain consent to the provisional registration of this case.

② The power of attorney, which appears to have been prepared on the form in which the Plaintiff was present, affixes the Plaintiff’s seal imprint, while the purchase and sale reservation contract prepared for applying for provisional registration, affixes the Plaintiff’s seal imprint.

In addition, the witness C of the first instance court testified that the contract was not attached to the contract at the time of application for registration, but the contract was prepared separately at the office, and that the contract was not prepared before the plaintiff when applying for provisional registration of this case.

(2) As to this, the Defendant agreed to transfer the ownership of the instant real estate, so long as the Plaintiff agreed to transfer the ownership thereof.