1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 11, 2010, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 198,489,375 with respect to the building C (hereinafter “C building”) 303 in Nam-gu, Incheon. On the same day, D, the Plaintiff’s spouse, entered into a sales contract with the Defendant for the sale price of KRW 254,109,000 with respect to the above building 302.

(hereinafter “each sales contract of this case”). B.

C Building Nos. 302 and 303; 1) D and the Plaintiff (hereinafter referred to as “Plaintiff, etc.”) shall change the ownership of the building No. 302 and the area of exclusive ownership

) On March 26, 2010, the Defendant has completed the registration of ownership transfer from each of the Defendant with respect to the C Building 302 and 303 (hereinafter “instant registration of ownership transfer”).

(C) Of No. 302 and No. 303 of the C Building owned on June 8, 2010, the ownership transfer registration was completed in the name of each other with respect to one-half portion of each one-half portion of the C Building (hereinafter “the ownership transfer registration of this case”).

) On November 3, 2010, each one-half of the shares in C Building 302 and 303, each of the above-mentioned shares was owned by each party upon partial transfer of ownership (hereinafter “the entire share transfer registration in this case”) was completed under each other’s name (hereinafter “the entire share transfer registration”).

(2) Meanwhile, the area of the section for exclusive use pertaining to subparagraph 302 of the C Building was 195.84 square meters. However, on July 1, 2010, 122.85 square meters among the said section for exclusive use was divided into 303 square meters and at the same time, 4.8 square meters among the said section for exclusive use was changed to 77.79 square meters (=195.84 square meters - 122.85 square meters 4.8 square meters). Accordingly, the area of the section for exclusive use pertaining to subparagraph 303 of the C Building was changed to 152.96 square meters from 152.96 square meters to 271.01 square meters (=152.96 square meters - 12.85 square meters).

On July 1, 2010, after the alteration of section for exclusive use in the aggregate building ledger was made, on November 3, 2010, registration of the alteration of section for exclusive use in the title of the register has been made.

3 The change of ownership and the size of section for exclusive use on the register with respect to Nos. 302 and 303 of C building shall be made in the following table and C building: