1. The defendant shall receive real estate stated in the separate sheet from the plaintiff and shall issue the real estate stated in the separate sheet.

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “the instant real estate”), on December 21, 2001, the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) was completed on November 15, 2001 by the Gwangju District Court’s registry No. 19226, Nov. 15, 2001, which read “the Plaintiff” as “the registration of establishment of chonsegwon”) and “the Plaintiff” (hereinafter “registration of establishment of chonsegwon”) was completed from November 15, 2001, to November 15, 2001.

B. The instant real estate was sold to the Defendant on August 3, 2007 at the Gwangju District Court C and D auction, and on August 20, 2007, the registration of ownership transfer of the instant real estate was completed under the name of the Defendant on August 20, 2007. In the said auction procedure, the Plaintiff did not demand a distribution and did not receive the dividend.

C. Around June 19, 2008, the Defendant filed a lawsuit against the Plaintiff to the effect that “The Plaintiff completed the registration of the establishment of the right to lease on a deposit basis, notwithstanding the fact that the Plaintiff did not have concluded a contract to establish the right to lease on a deposit basis with E, which was the previous owner of the instant real estate,” and thus, the registration of the right to lease on a deposit basis should be cancelled. The Defendant sought confirmation that the Defendant did not have any obligation to return KRW 28,00,000 to the Plaintiff following the registration of the right to lease on a deposit basis.” On June 19, 2009, the court rendered a judgment dismissing the Defendant’s claim on the ground that “the Plaintiff concluded a contract to lease on a deposit basis with E on a deposit basis on a deposit basis and completed the registration of the establishment of the right to lease on a deposit basis” (hereinafter “the judgment of the instant prior suit”). The Plaintiff and the Defendant did not appeal and became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. Chonsegwon is established under the Civil Act, which has completed the registration of establishing chonsegwon in the relevant legal doctrine.