The judgment below

Of the judgment of the court below, the purchase and sale of real estate listed in the attached list 1 through 5, 7 through 16, and the cancellation thereof.

The grounds of appeal are examined.

1. As to the grounds of appeal relating to the cancellation of the reservation and the claim for restitution of real estate in the attached list of the lower judgment (hereinafter “attached list”) as to the real estate Nos. 2 through 5, 7, 9, 11, and 16

A. If a creditor’s revocation of fraudulent act and a claim for restitution are acknowledged, the beneficiary or subsequent purchaser is obligated to return the subject matter of the fraudulent act to the debtor as restitution. If it is impossible or considerably difficult to return the subject matter of the fraudulent act, the beneficiary or subsequent purchaser is liable to compensate for the equivalent amount of the value of the subject matter of the fraudulent act as performance of the duty to restore, and where the return of the subject matter is impossible or considerably difficult, it refers to cases where the creditor cannot expect the realization of the performance from the beneficiary or subsequent purchaser in light of the concept of social experience, rule of law or transaction

(See Supreme Court Decision 97Da58316 Decided May 15, 1998, etc.). In a case where a provisional registration is completed to preserve a right to claim ownership transfer with respect to a real estate owned by an obligor, the provisional registration itself does not have the effect of transfer of ownership, but when the principal registration is completed on the next day, the effect of transfer of ownership becomes effective retroactively at the time of the provisional registration, and as a result, the obligee cannot be fully repaid from the obligor’s property

(1) In light of the aforementioned legal principles, the provisional registration authority is obligated to cancel provisional registration (see, e.g., Supreme Court Decisions 74Da334, Feb. 10, 1975; 74Da334, Feb. 10, 1975; 7Da3334, Feb. 10, 1975).

On the other hand, a claim for change in a real right that is the object of priority preservation based on a provisional registration is not only a property right that can be transferred due to its nature, but also a right due to a provisional registration.