1. On January 1, 2016, the Defendant: (a) on the share of 2/9 shares in the real estate listed in the attached list to the Plaintiff, the Daejeon District Court Order Registry.

1. Facts of recognition;

A. C was awarded 2/9 shares, which are E’s shares in the real estate listed in the separate sheet (hereinafter “instant apartment”) in the procedure for compulsory auction by official auction at this Court, and paid the price on September 2, 2016.

B. On March 7, 1997, the F Bank completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 15.6 million with respect to the apartment of this case.

On September 8, 2016, a supplementary registration was completed with the content that the subject matter of the foregoing right to collateral security was changed to the right to collateral security with respect to the remaining shares except the shares awarded to C, among the apartment buildings of this case.

(hereinafter “instant collateral security”). C.

Of the instant apartment buildings, the provisional registration of the right to claim for the transfer of shares in the Defendant’s name was completed on September 26, 2016 (hereinafter “the provisional registration of this case”). D.

C On October 21, 2016, G and H, other co-owners of the instant apartment, filed a lawsuit for partition of co-owned property (this court 2016da10209) against G and H, which are the other co-owners of the instant apartment, and on June 28, 2017, the judgment was rendered that “The instant apartment is sold to auction and distributed to C and H at the rate of 2/9 and 5/9, respectively, the remaining amount after deducting auction expenses from the proceeds thereof,” and the said judgment became final and conclusive on July 25, 2017.

E. C applied for auction for partition of co-owned property on September 6, 2017 according to the above final judgment, and the Plaintiff acquired ownership by paying the successful bid price on October 23, 2018.

F. Although the registration of establishment and additional registration was cancelled due to the above auction, the provisional registration of this case was not cancelled.

【Ground for recognition】 Each entry of evidence Nos. 1, 2, 6, and 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 Plaintiff and C did not make a pre-sale agreement, which is the cause of the provisional registration of this case, and even if the pre-sale agreement was made, it is invalid as a false pre-sale agreement.

In addition, the provisional registration of this case is a provisional registration for security, but the defendant did not report it to the executing court.