National Bank of Korea (Seoul Law Firm, Attorney Kim Jong-soo, Counsel for the defendant-appellant)

CB Industry Development Co., Ltd. and two others (Attorney Kim Young-chul, Counsel for the plaintiff-appellant)

May 18, 2007

Cheongju District Court Decision 2005Gahap3202 Decided September 15, 2006

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

The judgment of the first instance court shall be revoked. (1) As to the real estate listed in the separate sheet No. 1, the decision of the first instance court shall be revoked. (1) As to the real estate indicated in the separate sheet No. 1, the payment contract concluded on August 20, 2004 between the defendant DB Development Co., Ltd. and the defendant DB Construction Co., Ltd., (b) the defendant DB Construction Co., Ltd. completed the procedure for cancellation of ownership transfer registration completed on August 23, 2004 as the receipt of No. 11526 on August 23, 2004 to the defendant DB Construction Co., Ltd.; and (337, Sep. 23, 2004; (2) The defendant DB Development Co., Ltd. added the procedure for cancellation of ownership transfer registration to the real estate listed in the separate sheet No. 2 to the plaintiff as the registration office of the Chuncheon District Court No. 9592, Jul. 22, 1996>

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows: (a) Each statement of Gap evidence Nos. 12 through 18 (including each number) submitted by the plaintiff as principal evidence at the trial of the court is not sufficient to reverse the judgment of the court of first instance; and (b) the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and therefore, (including the list in attached Form).

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all appeals against the defendants shall be dismissed in its entirety. It is so decided as per Disposition.

Judges Gangnam-gu (Presiding Judge) Kim Jong-won