1. Among the lawsuits for retrial of this case, the part demanding the grounds for retrial under Article 451(1)9 of the Civil Procedure Act shall be dismissed.

2...

1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent or apparent in records in this court:

On July 28, 2004, the Plaintiff agreed with the Defendant to sell 12 lots (the total area of 25,09 square meters; hereinafter “the land originally purchased and sold in this case”) including 50 square meters in Suwon-gu, Busan-gu, Busan-gu, Busan-do, which are owned by the Plaintiff at KRW 759,000,000,000. As to the payment method, the Plaintiff agreed to set the down payment at KRW 200,000,000,000 for down payment (the contract date) and the intermediate payment at KRW 50,000,000,000 ( September 30, 2004) (the remainder amount shall be paid at the time of provisional registration and provisional attachment termination) and entered into a real estate sales contract as a special agreement with the Plaintiff at the time of cancelling provisional registration and provisional attachment. The right to collateral security of tax shall be paid as part payment at the time of

(hereinafter “instant sales contract”). B.

At the time of the conclusion of the instant sales contract, each of the registrations of seizure in the name of the Republic of Korea, Seoul Special Metropolitan City, the provisional registration in the name of E, the Seoul Bank, the Korea Technology Credit Guarantee Fund, and the F (hereinafter “registration of seizure, etc.”) was completed.

C. On August 11, 2004, the Plaintiff completed the registration of ownership transfer on 12 parcels of the original sale land of this case, which was established by the Defendant, and the Defendant completed the registration of the seizure, etc. of this case, and upon the Plaintiff’s request, paid the remainder of KRW 59 million in advance. Accordingly, on September 30, 2004, the Plaintiff paid the remainder to the Plaintiff KRW 59 million.

In the registration of the instant attachment, etc., the provisional registration in the name E and the provisional attachment registration in the name F were cancelled, but due to the Plaintiff’s delinquency in payment of national taxes and local taxes, the Plaintiff’s 12 lots of land in the original transaction of this case, including 50 square meters in Busan, Suwon-gu, Busan, and 843 square meters in total (hereinafter “7 lots of land disposed of for public sale among the original sale and purchase of this case”), and the land in another nine lots of land owned by the Plaintiff was disposed

E. The Plaintiff is based on the instant sales contract.