Head of a board of directors (Law Firm Self-Governing Law Firm, Attorneys Park So-young et al.)

Kim Tae-ro (Attorneys O Young-young et al., Counsel for the defendant-appellant)

August 17, 2005

Daejeon District Court Decision 2004Gahap97 Delivered on October 1, 2004

1. The defendant's appeal is dismissed.

2. According to the expansion of the purport of the claim in the plaintiff's trial, the claim of the first instance court's decision is modified as follows.

The Defendant shall implement the procedure for the cancellation registration of each transfer registration that was completed on October 23, 2001 with respect to the Plaintiff with respect to one-2 shares of one-half shares in the area of one-half shares in the area of one-six square meters in the area of 74-6 1,431 square meters prior to the 74-18 square meters prior to the same 74-18 square meters and one-half shares in the area of 823 square meters prior to the

3. The appeal costs and the costs of the lawsuit incurred by the claim extended in the trial of the court shall be borne by the defendant in full.

1. Purport of claim

A. The primary purport of the claim

(1) The judgment of the court below is identical to the judgment of the court below in Paragraph (2) of this Article (the plaintiff sought reimbursement of KRW 121,636,790 against the defendant for the performance of the registration procedure for cancellation in the original part of this part, but extended the purport of the claim to seek implementation of conditions for the first time in the trial, and it is deemed that an incidental appeal was filed against the expanded claim).

(2) At the same time, the Defendant received KRW 121,636,790 from the Plaintiff, and simultaneously performed the procedure for registration of cancellation of the provisional registration for each claim for transfer of shares, which was completed as of November 23, 200 by Daejeon District Court No. 67484, Nov. 23, 200 with respect to 1/2 shares and 1/2 shares out of 74-6 1431 square meters in Yandong-dong, Yandong-dong, Yandong-dong, Yandong-dong, 731 square meters

B. Preliminary purport of claim

The defendant shall pay to the plaintiff 1,072,066,487 won with 5% per annum from March 8, 2003 to the service date of the complaint of this case, and 20% per annum from the next day to the full payment date.

2. Purport of appeal

The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim against the revocation shall be dismissed.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows: (a) the part of the conclusion of the judgment on the claim for cancellation of the principal registration not exceeding nine lines of the judgment of the court of first instance (Article 2.2.2(b)(4) of the judgment of the court of first instance (Article 420 of the Civil Procedure Act) according to the expansion of the purport of the claim at the court of first instance; and (b) the judgment on the Defendant’s argument at the court of first instance is identical to the written judgment of the court of first instance except for addition as stated in Section 2.B. of the same Article

2. Parts used or added;

A. Therefore, the defendant is liable to implement the procedure for cancellation registration of the principal registration of this case which is null and void to the plaintiff.

B. The defendant asserts that the provisional registration of this case is not subject to the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”), since the provisional registration of this case was completed on the grounds of genuine sales reservation without the purpose of security.

However, in order to view that the agreement was made for the purpose of transferring ownership, not for the purpose of the defendant's assertion, but for the purpose of provisional registration thereof, the agreement was reached between the parties as to the price, which is an element of the sale and purchase at the time of the conclusion of the agreement. However, the defendant himself/herself stated in the agreement of this case that the purchase price claimed through the lawsuit of this case is not true purchase price. However, the amount of the purchase price alleged through the lawsuit of this case shall also be KRW 94,113,490, ② the portion of the interest accrued from the above auction and the penalty, ③ the amount of the plaintiff's obligation 35,00 million won for the principal of the plaintiff's obligation, ④ the amount of the purchase and sale as stated in the provisional registration at the time of the above provisional registration as 20 billion won for the execution of the obligation to the Saemaul Guarantee Fund, and it cannot be deemed that the remaining amount of the purchase and sale contract was not issued by the plaintiff's agent at the time of the above provisional registration as stated in the agreement of this case.

3. Conclusion

Therefore, the defendant is dismissed as follows. ① 1/2 of the share of 74-6 m2 and 1/2 of the share of 74-18 m2 of the same 74-18 m2 of the same m2, which was completed on October 23, 2001 by Daejeon District Court No. 7008 of the receipt of assistance from Daejeon District Court, and ② with regard to KRW 531,937,405 and its KRW 94,113,490 from February 23, 201 to KRW 398,621,097, and the plaintiff's claim for the cancellation of the above share of KRW 147 of the same m200 m2 with regard to the above m28 m2 of the same m201 m2 of the same m201 m27 of the same m201 m27 of the same m201.

Judges Jeong Young-chul (Presiding Judge)