1. Of the judgment of the first instance, the lower court against the Defendant exceeding the part of revoking the fraudulent act and ordering restitution.

1. Basic facts

A. On September 12, 2008, the Plaintiff borrowed KRW 20,000,00 from C as of December 12, 2008, the due date for payment was determined and fixed. The Plaintiff completed the registration of the right to claim for the transfer registration of ownership on September 16, 2008, with respect to the land partitioned into D, E, F, G, and H (the land was divided into D, E, H, and the land was divided into the above land on February 16, 2012; hereinafter referred to as “pre-division land”) for the said loan security.

B. However, on November 27, 2008, C did not undergo liquidation procedures under Articles 3 and 4 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) with respect to the land prior to the division, and completed the registration of ownership transfer based on the sale on November 26, 2008 in its own name (hereinafter “instant registration of ownership transfer”).

C. Accordingly, the Plaintiff asserted that C should implement the procedure for cancellation registration of ownership transfer registration of the instant case with respect to the land before subdivision, and filed a lawsuit against C to cancel ownership transfer registration (Seoul District Court Branch Branch Office 2012Kadan2024), and filed an application for temporary injunction against disposal of real estate with respect to the land before subdivision.

(S) On February 23, 2012, the Daegu District Court Branch Branch Branch Branch 2012Kadan411). On February 23, 2012, the Daegu District Court: (a) accepted the said application by the Plaintiff; and (b) decided to prohibit the disposal of real estate; and (c) on February 16, 2012, before the said provisional disposition was rendered, the land before subdivision was divided and its subdivision registration was completed; (d) on February 24, 2012, the execution of the said provisional disposition was completed, and the entry registration was completed with respect to the remaining E, F, G, and H land (hereinafter collectively referred to as “Bus land”).

In the Daegu District Court Branch 2012Gadan2024, which was filed by the Plaintiff, the first instance court is set forth in C in the Provisional Registration Security Act.