1. The request for retrial by the defendant shall be dismissed;

2. The costs of retrial shall be borne by the defendant.

1. The following facts can be acknowledged according to the final records of the judgment subject to a retrial.

A (hereinafter “A”) filed a lawsuit against the Defendant seeking cancellation of a provisional registration under Seoul Central District Court 2012Kadan6699, and the said court rendered a judgment dismissing A’s claim on January 31, 2013.

(The first instance judgment). B.

A, who is dissatisfied with the judgment of the court of first instance, appealed to the Seoul Central District Court 2013Na13879, and on April 30, 2013, A was declared bankrupt and became a trustee in bankruptcy.

C. On December 12, 2013, the above court accepted the Plaintiff’s appeal and the appellate court’s claim added to the Plaintiff, and rendered a judgment that “The Defendant revoked the first instance judgment, and the Defendant, with respect to the real estate stated in the separate sheet, issued to F, the Seoul Eastern District Court’s registration, the procedure for the cancellation registration of the provisional registration, the procedure for the registration of the provisional registration of the right to claim the transfer registration of ownership (hereinafter “instant provisional registration”), and the registration of the same registration, and the ownership transfer registration procedure completed as of March 22, 2013 (hereinafter “instant transfer registration”) and completed as of March 19211, 203, respectively.”

(subject case of review) d.

The judgment subject to a retrial was accepted by the Plaintiff’s claim seeking the cancellation of the provisional registration of this case and the transfer registration of this case, arguing that “The provisional registration of this case between C and the Defendant is made by a false agreement or by the expiration of the extinctive prescription of the right to claim ownership transfer registration, and thus, is null and void,” and that “the registration of this case, based on the invalid provisional registration of this case, is also null and void.”

E. As the Defendant did not appeal to the said judgment subject to a retrial, the judgment subject to a retrial became final and conclusive on January 8, 2014.

2. Determination as to the existence of a ground for retrial

A. The defendant's assertion.