1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

1. Basic facts

A. On November 2003, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant for the first floor 137 of the unit B building in Ansan-si (hereinafter “instant commercial building”) (hereinafter “instant sales contract”) and concluded each sales contract with the Defendant for the same floor 134 and 135 (hereinafter “134”).

B. On November 27, 2003, the Plaintiff paid each down payment of KRW 25,520,60 for No. 134 to the Defendant, KRW 25,520,60 for the instant commercial building, KRW 25,520,60 for 135, and KRW 25,298,60 for the instant commercial building.

C. On October 20, 2004, upon the commission of the registration of provisional seizure, the registration of ownership preservation was completed in the name of the defendant on October 20, 2004. After the defendant entrusted the instant commercial building to Korea Asset Trust Co., Ltd. on September 15, 2005, he completed the registration of ownership transfer on the instant commercial building due to trust to Korea Asset Trust Co., Ltd. on the same day.

At present, the commercial building of this case is registered as provisional seizure (Seoul District Court Decision 2006Kadan50324), creditor C, claim amount of 2,400,000 won (No. 2006Kadan50818, Ansan Branch Court Decision 2006Kadan500,000), creditor D, claim amount of 318,210,60 won for provisional seizure (Seoul Central District Court Decision 2009Kadan5375, 500, 500,000 won for creditor C, claim amount of 1,100,000 won for provisional attachment registration (Seoul District Court Decision 209Kadan51389, 200,000) for creditor C, creditor C, 200,000 won for provisional attachment registration (No. 2009Kadandan51389,000) for creditor C, 201, 301, 25,271,201,