2. The costs of lawsuit shall be borne by the Plaintiff.

가. 원고는 1988. 3. 8. 자신 소유의 경북 선산군 E 임야 8,909평(행정관할구역 변경으로 ‘구미시 D 임야 29,451㎡’가 되었다, 이하 ‘분할 전 토지’라 한다)을 매제(妹弟)인 피고 B 앞으로 매매를 원인으로 하여 소유권이전등기를 마쳐주었다.

B. On August 25, 2003, the land prior to the subdivision was divided into the area of 29,201 square meters for D forest land (hereinafter “instant forest”) and the area of 250 square meters for F forest land (hereinafter “instant forest”).

C. As to the forest land of this case, Defendant B completed the registration of creation of a neighboring mortgage of KRW 84,000,000 on October 13, 2003, the registration of creation of a neighboring mortgage of KRW 70,000 on December 29, 2003, the registration of creation of a neighboring mortgage of KRW 98,00,000 on January 19, 2004, and completed the registration of creation of a neighboring mortgage of KRW 98,000 on May 21, 2004, which is the Plaintiff’s Dongdong Saemaul Bank.

After that, the plaintiff filed an application with the defendant B for provisional disposition prohibiting the disposal of the forest of this case with the right to claim the cancellation of the ownership transfer registration on the ground of the cancellation of the sales contract as the preserved right (Tgu District Court Kim Jong-dong, 2004Kadan1582), and received a decision of acceptance on July 5, 2004, but the provisional disposition registration was cancelled on April 8, 2005 on the ground of the application for cancellation of the provisional disposition.

E. Meanwhile, on October 10, 2004, the Kindong Saemaul Fund received a voluntary decision to commence the auction procedure with respect to the instant forest, but on January 11, 2005, the auction procedure started with respect to the instant forest. However, on January 11, 2005, the Defendant C paid the principal amount of KRW 197,912,175 (interest of KRW 180,000,000, interest of KRW 15,604,235, legal expenses of KRW 2,307,940) on behalf of the Defendant C, and withdrawn the said voluntary auction application.

The registration of the establishment of each near the port was cancelled.

F. Defendant C’s rights and duties with respect to the instant forest have been comprehensively transferred to Defendant Nonghyup Bank (the National Agricultural Cooperative Federation’s credit business among the banking business) in September 1, 2005.