1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3.A petition filed by this court.

1. Facts of recognition;

A. On January 15, 2003, C completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on January 6, 2003 with respect to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) in order to secure a claim for the purchase of goods worth KRW 30 million against the Defendant (hereinafter “C’s claim”). At the time, C established the collateral security (hereinafter “existing collateral security”) of E, a stock company, the obligor, the maximum debt amount of which is KRW 206,40,000, with respect to the said real estate.

B. After the defendant's motion, each of the registrations of provisional seizure in the name of F, G and H, etc., the registration of provisional seizure in the name of F, G and H, etc., the registration of seizure in the name of Heavy Tax Office and Seodaemun Tax Office, and the registration of the decision to commence compulsory auction in the name of F.

The creditor shall acquire the real estate of this case in 300 million won, repay C's bonds in 30 million won, and the registration expenses shall be shared by 1/2 each, and the amount of bank bonds shall be underwritten.

C. On October 13, 2010, C drafted a written agreement (No. 4, hereinafter “C”) with the Defendant, as follows:

C On October 15, 2010, with respect to the instant real estate, on October 15, 2010, the registration of transfer of ownership transfer claim was completed on the ground of the provisional registration of ownership transfer claim to the Plaintiff as his wife.

On the same day, the Plaintiff completed the principal registration based on the provisional registration stated in the claim for a counterclaim on October 15, 2010 with respect to the said real estate on the same day (hereinafter “instant principal registration”).

E. On November 11, 2010, the Plaintiff repaid the secured debt of the existing right to collateral and cancelled the said right. At the same time, the Plaintiff obtained a loan from D Co., Ltd. (hereinafter “D Bank”), and then, obtained a loan from D Bank, it constitutes a “D Bank’s collateral (hereinafter “D Bank’s collateral”) with the Plaintiff, the maximum debt amount of which is 28,000,000.