1. Revocation of the first instance judgment.

2. As to the land indicated in the attached list No. 1, the defendant against the plaintiff.

1. The reasoning for the judgment on this part of the basic fact is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The parties' assertion;

A. The Plaintiff 1)’s land title C is the Plaintiff’s actual acquisition of the bid bond by preparing and acquiring the bid bond. Moreover, on February 5, 2002, the Plaintiff fully repaid the Plaintiff’s national bank’s debts to the Defendant’s national bank with the money loaned from the Suhyup, and cancelled the registration of the establishment of a neighboring mortgage in the name of the national bank under the name of the first land. Ultimately, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

C) According to the Real Estate Real Name Act, the land No. 1 acquired ownership, but the Plaintiff and C acquired a bid bond as a down payment, and as a sales contract was concluded between the Plaintiff and the Plaintiff, C bears the obligation to complete the registration of ownership transfer. Therefore, C is unable to acquire the right to indemnity even if the land No. 1 was sold due to the auction in the instant case because there is no right against the Plaintiff notwithstanding the registration of ownership transfer on the land No. 1. 3. Since the ownership transfer registration was completed in the name of C, this part is invalid pursuant to the Real Estate Real Name Act, and thus, C cannot obtain the right to indemnity. Therefore, the collateral security in the instant case should be cancelled because there is no right to indemnity against C. Therefore, even if the land No. 1 and the shares in the Plaintiff’s building No. 1 were acquired as the owner of the instant real estate, the Plaintiff purchased the land No. 1 from C and the Plaintiff’s Dong company, and thus, the ownership transfer registration was concluded with respect to the land No. 1, and thus, the share No. C does not occur. 1.