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1.The judgment of the first instance shall be modified as follows:
Attached Form
With respect to real estate listed in the list, C and D shall be between C and D, 2010.
Reasons
1. Grounds for the court's explanation concerning this case are No. 4-C. of the judgment of the court of first instance.
In addition to the application of the part of paragraph (1) (No. 7, No. 14, No. 14, and No. 9, of the first instance judgment) as follows, the reasoning of the first instance judgment is as stated in the reasoning of the first instance judgment. Thus, it shall be cited as it is in accordance with the main sentence
2. The part of the court of first instance [the part concerning the bona fide defense of the defendant is alleged to the effect that it was not aware that the transfer of provisional registration of this case was an act detrimental to the creditor at the time of transfer of the provisional registration of this case and at the time of the sales contract of this case, the reservation to purchase and sell and the sales contract of this case was an act detrimental to the creditor. However, it is not sufficient to recognize this only with the entries of the evidence Nos. 8 through 28, and there is no other evidence to acknowledge it. Therefore, the above argument is without merit. D. The provisional registration of this case, where the provisional registration of this case was completed to preserve the right to claim ownership transfer on real estate owned by the debtor, the ownership transfer itself does not take effect, but after the completion of the provisional registration, the ownership transfer becomes effective retroactively at the time of the provisional registration, and as a result, the creditor cannot obtain complete repayment from the debtor's property, and therefore, it should be determined on the basis that the provisional registration of this case constitutes a juristic act detrimental to the creditor's property (see Supreme Court en banc Decision 205Da23457.
(See Supreme Court Decision 2000Da73377 Decided July 27, 2001, etc.).