1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. On February 3, 2009, the Plaintiff and E entered into a contract with each of the real estate (hereinafter “the instant real estate”) listed in the separate sheet owned by the Plaintiff on February 3, 2009, and the Plaintiff and E to exchange the instant land owned by the members of Ansan-si, E (hereinafter “instant exchange contract”) at Nos. 401 of the fourth floor and the Gangwon-do, the Gangwon-do, the Gangwon-do, the G ownership, and the H land owned by E (hereinafter “instant exchange contract”). The Plaintiff and E added the subject of exchange to the subject of exchange).

The Plaintiff established the provisional registration of this case in the name of E paid the difference of the total of KRW 10 million on February 3, 2009, KRW 20 million on February 11, 2009, and KRW 60 million on April 3, 2009, KRW 30 million on April 2, 2009, delivered the instant real estate to E on April 2, 2009, and completed the provisional registration of this case on May 13, 2009.

The Defendant, before the partial transfer of the provisional registration of this case, agreed that the share of 1/12 of the provisional registration of this case shall be transferred from E.

Accordingly, on August 3, 2009, E completed the supplementary registration of partial transfer of the right to claim transfer of ownership, which was based on transfer from July 31, 2009, with respect to shares of 1/12 of the provisional registration of this case (hereinafter “share of provisional registration of this case”) to the Defendant on August 3, 2009.

As a result of the relevant lawsuit brought by the Plaintiff, the Plaintiff asserted against E that ① the instant provisional registration was a registration invalidation of cause upon cancellation of the instant exchange contract, and sought implementation of the procedures for cancellation registration of the instant provisional registration, and ② sought consent to the registration of cancellation of shares held in the instant provisional registration against the transferee who was partially transferred shares in the provisional registration such as the Defendant, etc.

As to this, the first instance court rejected the claim for cancellation of provisional registration of this case against the defendant, etc. among the claims against E, on the ground that the part of claim for cancellation of provisional registration of this case against a person who is not qualified as the defendant is unlawful.