1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

The Plaintiff filed a lawsuit against the Defendant seeking the implementation of the provisional registration cancellation registration procedure) The Plaintiff filed a provisional registration against the Defendant, who is the Plaintiff’s mother, with the Seoul District Court Decision 2002Kadan215449, which completed the Seoul Central District Court’s Gangnam Registry as of January 16, 2001 (hereinafter “the provisional registration of this case”).

(2) On February 5, 2003, the court rendered a judgment of the court of first instance that dismissed the Plaintiff’s claim on the ground that “The sale price of the apartment of this case was actually paid by the Defendant and her husband (the Plaintiff’s husband) and the Plaintiff made the provisional registration of this case in order to preserve the Defendant’s right to claim ownership transfer registration. Therefore, the Plaintiff’s assertion that there is no cause of action or false declaration of conspiracy is without merit.”

Therefore, the plaintiff appealed against the above court 2003Na1164, but the above court rendered a ruling dismissing the plaintiff's appeal on November 13, 2003, and the Supreme Court Decision 2003Da68123 Decided March 25, 2004, which again appealed, became final and conclusive by dismissing the appeal on March 25, 2004.

B. The first instance court, which accepted the Defendant’s claim on February 16, 2005, filed a lawsuit against the Plaintiff seeking implementation of the procedure for ownership transfer registration based on the provisional registration of this case against the Plaintiff, which was the Seoul Central District Court 2004Kadan152894, against the Plaintiff, and the said court filed a lawsuit seeking implementation of the procedure for ownership transfer registration based on the provisional registration of this case as to the apartment of this case on January 15, 2001.