1. The court to which the case was remanded from the court of final appeal is bound by the court of final appeal, unless a new assertion or evidence is presented during the deliberation process after remanding the case, and changes occur in facts that form the basis of binding judgment, as to the factual judgment based on which the court of final appeal reversed the case (see, e.g., Supreme Court Decision 97Da14934, Jul. 11, 1997). 2. The records reveal the following facts.

B. The lower court prior to the remanding of the instant case: (a) concluded a promise to return the portion of the land prior to the instant partition owned by the Plaintiff (hereinafter “first promise to return”) with respect to the said portion on April 20, 201, when the Plaintiff filed a lawsuit seeking reimbursement against B and rendered a favorable judgment on November 11, 201; (b) the said judgment became final and conclusive around April 18, 201 by borrowing KRW 650 million from the Defendant; and (c) concluded a promise to return the said portion of the land prior to the instant partition with the Defendant on April 18, 2012 for securing the payment of the said borrowed amount; and (d) concluded a provisional promise to return the said portion of the land prior to the instant partition on April 20, 2012 (hereinafter “first provisional registration for security”); and (e) concluded a provisional registration for the said portion of land on September 16, 2012 with respect to which the obligor completed the registration as the sole owner of the instant land; and (e. 2) the said land on April 1 and the same cause.