1. Revocation of a judgment of the first instance;

2. As to the real estate listed in the separate sheet between B and the Defendant on February 6, 2012

1. Facts of recognition;

A. On October 8, 2010, the Plaintiff filed a lawsuit against B seeking payment of unjust enrichment with Daejeon District Court 2010Kadan49608, and in the lawsuit above (hereinafter “previous lawsuit”), B was served with a copy of the complaint and did not appear on the date of pleading on October 13, 2010, and the said court did not appear on the date of pleading. Accordingly, on October 26, 2012, the said court rendered a judgment that “B shall pay to the Plaintiff 50,000,000 won, and 5% per annum from August 20, 2005 to October 13, 2010, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive at that time.

B. Meanwhile, with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”), the registration of the establishment of a mortgage on July 28, 2006 and the Defendant’s provisional registration of the right to claim ownership transfer (hereinafter “pre-registration”) was completed on April 5, 2007 with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”). However, on February 7, 2012 where the previous lawsuit was pending, the registration of the establishment of a mortgage and the provisional registration was revoked, and the registration of the establishment of a mortgage was completed on the same day, and the registration of the establishment of a mortgage was completed on the 260,000,000 won, and the provisional registration was completed on the 3rd anniversary of the same date by the Korea Credit Union, a debtor, and the provisional registration of the ownership transfer on February 6, 2012 (hereinafter “the instant pre-sale”) was completed on the ground of the pre-sale agreement (hereinafter “the ownership transfer registration”).

C. At the time of the instant promise to sell and purchase, B had no specific property other than the instant real estate, and the market price of the said real estate on December 2, 2012.