A. On October 2004, the Plaintiff and Defendant B agreed to newly construct temples and charnels buildings (each of the buildings listed in attached Tables 1 and 2, hereinafter “instant building”) on G land and H land in Gyeong-si, which were jointly owned by Defendant B, and then sell them in lots to obtain revenues.

B. On November 23, 2004, Defendant B obtained a construction permit to construct temples and charnel houses on G land and H land at the time of their ownership.

C. Around January 6, 2005, the Plaintiff and Defendant B contracted the construction of the instant building No. 1 to I, and the construction was suspended due to the failure to pay the construction cost, and the construction was again ordered to J, but the construction was also suspended due to the failure to pay the construction cost, and the construction was again subcontracted to K around March 2006.

On August 7, 2006, in order to secure the obligation for the construction cost owed by the Plaintiff and Defendant B to K, Defendant B completed the registration of ownership transfer claim under the name of K on the ground of a pre-sale agreement as of August 1, 2006 with respect to each of the above G and H land. At that time, the title of the construction permit of the instant construction was changed to K.

E. On January 2007, K completed the instant construction, and completed the registration of ownership transfer in its name with respect to the instant building No. 1 under its name on February 6, 2007, and completed the registration of ownership transfer in the name of Defendant C on December 15, 2015.

F. Meanwhile, K filed a suit against the Plaintiff as the court 2014Gahap5179 (principal suit) and the Plaintiff filed a counterclaim against K to the Plaintiff for the registration of ownership transfer of the instant building under the court 2014Gahap5261 (Counterclaim). On July 21, 2016, the court dismissed the claim and rendered a judgment citing the counterclaim on the ground that the Plaintiff is the original acquisitor of the instant building 1.

On June 30, 2017, K appealed as the Daegu High Court 2016Na24766 (principal suit), 2016Na2473 (Counterclaim), and the said court dismissed the appeal against K’s principal suit.