1. Revocation of the first instance judgment.

2. The Defendant (Counterclaim Plaintiff) paid KRW 83,637,580 to the Plaintiff (Counterclaim Defendant) and 7,256 among them.

1. Basic facts

A. With respect to the 2424 square meters in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”), L completed the registration of ownership transfer on July 14, 2004, and M completed the registration of ownership transfer on February 28, 2006.

B. After completing the registration of ownership transfer for the instant land on May 15, 2006, the Defendant completed the registration of ownership right for the instant land E-building F and K-dong building on November 3, 2006.

[The above registration was changed to the site ownership (N in the building F. of the building) of the defendant's 356.5765/2424 on November 17, 2010.

On November 3, 2006, the Defendant completed the registration of preservation of ownership on the above building Fdong G, H, I, and Kdong J (hereinafter “each of the instant units”). D.

On the other hand, with respect to the instant land on December 30, 2004, the Plaintiff completed the registration of creation of a superficies of KRW 884,00,000 (hereinafter “the instant mortgage”) from the owner L at the time, and completed the registration of creation of a superficies on the whole of the instant land on the same day.

On October 31, 2007, the Plaintiff renounced the Defendant’s share of the right to the right to the right and completed the registration of change of the right to the right to the right to the right to the right to the right to the right to the right to the right to the right and completed the registration of change of the right to the right to the right to the right to the right to the right to the right to the right

E. On March 23, 2007, the Plaintiff filed an application for voluntary auction on the instant land based on the instant right to collateral security. Of the instant land, the Plaintiff completed the registration of transfer of ownership on February 1, 2011 on the ground of sale by voluntary auction on January 25, 201, with respect to the said portion of the instant land.

F. Of the respective units of this case, on November 3, 2006, the registration of ownership site rights was completed on November 3, 2006 with respect to the above E building Fdong G, H, and I as to the above E building site ownership ratio of 356.5765/2424, and the registration of ownership site rights was completed on November 3, 2006 with respect to Kdong J as to the site ownership ratio of 284.5410/2424, respectively. However, on November 17, 2010 when the above auction procedure was in progress, the registration of ownership site rights was revoked.

[Reasons for Recognition] Unsatisfy, Gap 1, 5 evidence (including virtual number), and oral argument.