1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance other than adding or adding the issues that the defendant dispute in the court of first instance as stated in the following Paragraph 2, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A supplementary or further part (a supplementary part) shall be added to the 8th, the 15th, below that of the first instance judgment:

“C. As to whether the Plaintiff may exercise the right to claim restitution of unjust enrichment against the Defendant, the Defendant, with respect to the validity of the auction procedure, asserts that the auction procedure (hereinafter “instant auction procedure”) which was conducted on the basis of the invalid notarial deed, is null and void, and thus, the buyer does not acquire the ownership of the real estate (hereinafter “instant real estate”) which is the object of the auction, and the registration shall be cancelled as the cause null and void. However, in a case where the invalid assertion is contrary to the letter of prohibition and the principle of good faith, the assertion is limited. As such, the Plaintiff asserted the invalidity of the auction procedure in the instant auction procedure as to the purchaser who acquired the instant real estate (hereinafter “the purchaser of the instant real estate”) and sought cancellation of the ownership transfer registration, the Defendant cannot claim a return of the instant dividends to the Defendant with unjust enrichment, apart from the fact that the ownership of the instant real estate

However, in full view of the following circumstances acknowledged as above, evidence, and evidence No. 31, the Plaintiff granted the purchaser the trust that the auction procedure of this case is valid, and accordingly, claiming that the auction procedure of this case is null and void on the ground that the authentication procedure of this case is null and void on the ground that the authentication procedure of this case is not valid, is in accordance with the principle of speech and good faith, and claiming the cancellation of the transfer registration of ownership to the real estate of this case.