1. Of the judgment of the first instance, the part against the plaintiff corresponding to the cited part of the plaintiff's claim shall be revoked.

. at the trial.

1. Basic facts

가. 원고는 1988. 3. 8. 원고 소유의 경북 선산군 J동(1995. 1. 1. 행정관할구역변경으로 구미시 K리로 되었다, 이하 ‘K리’라고 한다) D 임야 29,451㎡를 매제(妹弟)인 피고 B(원고의 여동생 L의 남편) 앞으로 1988. 3. 7.자 매매를 원인으로 한 소유권이전등기를 마쳐주었다.

On August 25, 2003, the said forest was divided into 29,201 square meters of D forest land (hereinafter “instant forest”) and 250 square meters of F forest land.

B. As to the forest land of this case, Defendant B completed the registration of the establishment of a mortgage on October 13, 2003, ① the establishment of a mortgage on the maximum debt amount of KRW 84,000,000, and ② the establishment of a mortgage on December 29, 2003, ③ the establishment of a mortgage on KRW 70,000,000, around the maximum debt amount of KRW 70,000, and ③ the establishment of a mortgage on January 19, 2004, respectively.

(2) Defendant B completed the registration of ownership transfer based on the sale on May 7, 2004, the Plaintiff’s Dong-dong Saemaul Bank’s birth on May 21, 2004.

C. Defendant B received a provisional disposition on July 5, 2004 (Seoul District Court Decision 2004Kadan1582) as to the forest of this case on July 5, 2004 by claiming the cancellation of ownership transfer registration based on the cancellation of a sales contract against Defendant C as the preserved right, and completed the entry registration on July 7, 2004.

On April 8, 2005, the registration of the above provisional disposition was cancelled on the ground of the application for cancellation of execution by Defendant B (as of March 24, 2005).

With respect to the forest land of this case, the decision of commencing voluntary auction (Tgu District Court Kimcheon Branch G) dated 8 October 2004 (hereinafter “instant auction”) was rendered on October 8, 2004 upon the application of the Jindong Saemaul Community Depository, and the entry registration was completed on October 18, 2004.

On January 11, 2005, the In-dong Saemaul Savings Depository (hereinafter referred to as the “In-dong Saemaul Savings Depository”) shall pay all the principal and interest of Defendant B (the principal and interest of KRW 15,604,235) from Defendant C (the principal and interest of KRW 180,00,000) (the interest of KRW 2,307,940).