1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The subject matter of the instant dispute is the “instant land” under Paragraph (1) of the [Attachment] and the “building on the instant land” under Paragraph (2) of the [Attachment].

B. Around July 1, 2004, the Plaintiff owned the instant land. However, on the instant land on December 27, 2003, when I registered the provisional registration of the right to claim ownership transfer, it was in progress from April 7, 2004 to Daejeon District Court C for voluntary auction procedure.

In addition, the Plaintiff was sold the instant building on February 16, 2004 at the auction procedure of the instant building.

C. In the above circumstances, on July 1, 2004, the “instant sales contract” was concluded between the Plaintiff and the Defendant regarding the instant land and building.

The contents of the instant sales contract shall sell the instant land and buildings to the Defendant for KRW 1.7 billion, and the intermediate payment of KRW 200 million shall be paid in July 5, 2004, and the remainder of KRW 400 million in September 30, 2004, respectively, in the event that the Plaintiff terminates the establishment of the right to collateral security by deducting the maximum debt amount of KRW 700 million from the purchase price, and the Defendant shall pay KRW 700 million if the Plaintiff terminates the establishment of the right to collateral security from the purchase price.

In addition, after the receipt of intermediate payment, the Plaintiff completed provisional registration of the instant building, and upon the Defendant’s request, issued all necessary documents before the registration of the instant building, and immediately transferred the instant building to the Defendant so that the Defendant can immediately repair the building.

On July 6, 2004, after the Plaintiff completed the registration of ownership transfer based on sale, the Defendant completed the provisional registration of the right to claim ownership transfer.

In relation to the land of this case, the defendant was transferred on December 14, 2004 the provisional registration of the I's right to transfer ownership.

E. After March 26, 2008, the defendant completed the registration of ownership transfer by selling the instant land during the voluntary auction procedure at the Daejeon District Court C.C. on the instant land, and the same day.