1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked.

1. Basic facts

A. On December 15, 2010, the Defendant completed the registration of ownership transfer on the instant land on the grounds of sale, and on the same day, the Defendant completed the provisional registration for the right to partial transfer of ownership (hereinafter “provisional registration”) with the Changwon District Court’s registration office No. 11057, Dec. 15, 2010, with respect to each portion of one-half portion of the remainder of the instant land, excluding the area of 324 square meters, from the land of this case, Gyeongnam-gun, Gyeong-gun, Gyeong-gun, Seoul.

B. On May 20, 2011, the first registration was cancelled on the same day. On the same day, the Defendant completed the registration of creation of a superficies of 30 years for the purpose of owning buildings, other structures, or trees on the same day with respect to the instant land ① KRW 68.9 million with the maximum debt amount, ② the registration of establishment of a mortgage on the part of the debtor, ② the registration of establishment of a superficies for the purpose of owning buildings

On May 20, 201, the Defendant issued a provisional registration of the right to claim ownership transfer (hereinafter “second provisional registration”) to the Plaintiff on May 20, 201 with the Changwon District Court’s order registry office, which received on May 20, 201, on the ground of the pre-sale agreement. On June 11, 2012, the Plaintiff issued a supplementary registration prior to the right to claim ownership transfer to C on June 11, 2012 with the Changwon District Court’s order registry office, which received on June 11, 2012.

C. On January 10, 2013, the provisional registration and the additional registration in C’s name, and the registration of the establishment of a neighboring mortgage and the registration of the establishment of superficies under the name of the New Young Saemaeul Cooperative. On the same day, the Defendant issued, respectively, the registration of the establishment of superficies for the purpose of owning buildings, other structures, and trees for the instant land: ① the maximum amount of debt, KRW 91 million, and KRW 30,000,000; ② the registration of the establishment of superficies for the purpose of owning trees, respectively.

On January 10, 2013, the Defendant filed a provisional registration of the right to claim transfer of ownership (hereinafter “third provisional registration”) with C on January 10, 2013 by the Changwon District Court’s order registry office, which was based on the trade reservation.