A. The provisional registration of the right to claim transfer of ownership was completed on November 2, 2004 under the name of five persons, such as D, E, F, G, and H, with respect to the 2,616 square meters in Chungcheongnam-nam, the Defendant-owned land.

B. On March 27, 2007, the land of 2,616 square meters in Chungcheongnam-nam C was divided into land listed in CY 660 square meters and attached Table 2; on October 12, 2007, the land category of 660 square meters in CY was changed to a site, and the land listed in attached Table 1 was the land listed in attached Table 2.

(hereinafter referred to as “instant land,” regardless of whether it is before or after the division or land category change. (C)

The registration of the right to claim ownership transfer under the name of D, E, F, G, and H as to the instant land was revoked on April 22, 201, and the provisional registration of the right to claim ownership transfer under the Plaintiff’s sole name was completed on the same day.

On March 28, 2013, with respect to the instant land, the obligor and mortgagee registered the establishment of a mortgage over KRW 650 million with respect to the instant land as the Plaintiff’s credit cooperative (hereinafter “IS”), and on the same day, the registration of the Plaintiff’s right to claim the transfer of ownership was cancelled.

E. The registration of the establishment of a neighboring mortgage in the name of the IF on the instant land was cancelled on May 16, 2013, and on July 11, 2013, the registration of the establishment of a neighboring mortgage in the name of the IF was completed prior to the establishment of a mortgage over the instant land amounting to KRW 150 million with the maximum debt amount H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 21 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion 1 sold the instant land to D on July 5, 2004 at KRW 474.6 million, and D resell part of the instant land to J, F and G respectively.

On November 2, 2004, the defendant completed the registration of the right to claim ownership transfer based on the trade reservation in the name of D, J E, F, G, and the defendant's title H.