Output addresses are both the same and the payee got more. How is this a double spend?
In this case, the user sent low fee transaction first, found out it does not propagate well, almost all his peers reject it. He then sent same coins again, with higher fee.
Yes. It only appears it came after, because no one saw it, until it was in a block (the time of that transaction is the same as of the block it was minted into).