1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 10, 2003, the Plaintiff acquired the owner of each of the instant lands and the actual owner’s status. On July 10, 2003, the Plaintiff entered into a sales contract with Haan-gun, E, F land (hereinafter “E land,” “F land,” respectively; hereinafter collectively, “each of the instant lands”) and the housing (G 36 households; hereinafter “instant housing”) newly constructed on each of the instant lands from Haan-gun, Haan-gun, and D (the representative director of C at that time), with the purchase price of KRW 730 million, and KRW 120,000,000,000 shall be immediately paid to C and D; and KRW 580,000,000 shall be paid in lieu of the existing obligation for the payment of the construction price; and the remainder of KRW 30,000,000,000 shall be borne by the Plaintiff.

At the time of the conclusion of the above sales contract, C and D agreed to transfer the site ownership and the name of the owner of the instant house to the plaintiff or the person designated by the plaintiff.

The Plaintiff changed the existing owner C to H with respect to the 18 apartment units that were newly built on the land of E among the 36 households of the instant housing units, and continued the new construction work without having the previous owner D with respect to the 18 households of the apartment units that were newly built on the land of F (each real estate listed in the attached list of the judgment of the first instance, and hereinafter “instant apartment units”).

B. On June 27, 2003, with respect to each of the instant lands, the J’s transfer of ownership to each of the instant lands and the change of the owner’s name, the voluntary auction procedure (CJ I) was initiated on June 27, 2003. While the Plaintiff did not register the ownership transfer, the J continued the auction procedure and completed the registration of ownership transfer on August 18, 2004 after receiving the successful bid of each of the instant lands on August 30, 2004.

C and J shall provide the Plaintiff on September 23, 2004 with the land of this case as collateral for the smooth completion of the housing of this case by J, and the owner of the apartment of this case shall be changed under the name of J, and the owner of each apartment of this case shall be the owner immediately after the settlement of the price of each land of this case is completed.