1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. According to the counterclaim that was filed at the trial of the court, the plaintiff (a counterclaim defendant).

A principal lawsuit and counterclaim shall be deemed to be combined.

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 4 to 6, and Eul evidence No. 6 to 13, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

The Seongbuk-gu Seoul and E-ground five apartment (hereinafter “instant apartment”) including the instant real estate was an unregistered building that was newly built by F.

B. However, on February 10, 2004, the registration of preservation of ownership was completed in the name of F, the original acquisitor on February 10, 2004, and on the same day, the registration of provisional disposition was completed in the name of G Union, the right to be preserved was the right to claim the registration of transfer of ownership based on a payment agreement or a security agreement.

C. On June 3, 2004, the Plaintiff and H completed the registration of transfer of ownership of shares on the ground of sale on March 4, 2004 with respect to each one-half share of the instant real estate.

G Cooperatives filed a lawsuit against F to demand the implementation of the procedure for ownership transfer registration due to payment in kind with the Seoul Central District Court Decision 2004Gahap56610 on the real estate, etc. of this case and received a favorable judgment in favor of the non- pleadings. The above judgment became final and conclusive around that time.

E. However, as to the instant real estate, B.

On June 8, 2005, without cancelling the registration of co-ownership in the name of the plaintiff and H, which conflict with the registration of prohibition of provisional disposition as described in paragraph (1).

On May 15, 2003, the registration of the entire co-owner's shares in the name of G Cooperatives was completed due to payment in kind, and thereafter the above B.

On April 13, 2017, the registration of co-ownership in the name of both Plaintiff and H, which conflict with the registration of prohibition of provisional disposition in this paragraph, was cancelled due to the invalidation of provisional disposition.

F. On November 25, 2009, I completed the registration of transfer of ownership based on sale on November 24, 2009 with respect to the instant real estate on November 25, 2009, and G Union shall make the registration of transfer of ownership based on trade reservation on November 24, 2009 on the same day.