1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

1. Facts of recognition;

A. The building indicated in the separate sheet No. 1 (hereinafter “instant real estate”) is indicated in the separate sheet No. 1)

) Seoul Seongbuk-gu Seoul Metropolitan Government D and E (hereinafter referred to as “instant land”).

2) The apartment building of the fifth floor above all the ground (hereinafter referred to as “instant condominium building”).

2) On February 10, 2004, the registration of ownership preservation was completed in the name of F, the original acquisitor, upon the request of the court for the registration of provisional injunction against the instant real property, and on the same day, the registration of ownership preservation was completed in the name of F, the original acquisitor, and the registration of provisional injunction against disposal was completed in the name of F, the right to be preserved was based on the right to claim ownership transfer registration based on the “The right to claim ownership transfer registration according to the property repayment agreement or the transfer transfer agreement.”

3) On June 3, 2004, the ownership transfer registration was completed with respect to the instant real estate under the name of the Defendant joining the Defendant and G on the ground of “trade on March 4, 2004” as co-owners of one half shares, and the ownership transfer registration was completed with respect to the instant real estate on the ground of “payment on May 15, 2003,” and the ownership transfer registration was completed with respect to the instant real estate under the name of the Seoul Central District Court 2004Gahap56610 decided on June 8, 2005, by filing a lawsuit against F to seek performance of the procedure for ownership transfer registration on the ground of payment on the instant real estate in accord with payment on the real estate in lieu of the Seoul Central District Court 2004Gahap56610 decided May 15, 2003.

According to the registration procedure, since the registration of ownership transfer in the name of the Intervenor joining the Defendant and G conflict with the registration of the provisional injunction, the registration of ownership transfer in the name of the Defendant joining the Defendant and G should first be completed from F following the cancellation of the provisional injunction, but the above registration of ownership transfer in the name of the Defendant joining the Defendant and G did not cancel the above registration of ownership transfer in the name of the Defendant joining the Defendant and G. As the entire co-ownership share in the instant real estate in the Defendant