1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 148,398,710 and the Defendant (Counterclaim Plaintiff).

The following shall be deemed together with the principal lawsuit and counterclaim.

1. Basic facts

A. On May 18, 2006, the Plaintiff entered into a sales contract with D to purchase land E 3046 square meters (hereinafter “instant sales contract”) located within the area subject to the permission of land transaction contract under the National Land Planning and Utilization Act (hereinafter “instant land”).

B. On June 16, 2006, the Plaintiff entered into a title trust agreement with the Defendant, a non-identical village, on the land before subdivision. Based on the instant sales contract, the Plaintiff received from D the ownership transfer registration as stated in the purport of the claim in the future of the Defendant (hereinafter “instant ownership transfer registration”).

C. Thereafter, the land before subdivision was divided into the instant land, 661 square meters prior to the F, Hanam-si, and 1421 square meters prior to E.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence (including paper numbers; hereinafter the same shall apply), Eul 1, 12

2. As the principal lawsuit, the Plaintiff asserts that D has a right to claim the transfer of ownership under the instant sales contract against D as to the instant land, and seeks to cancel the registration of transfer of ownership under the Defendant’s name, which was completed pursuant to the invalid title trust agreement, by subrogation of D, for the purpose of preserving D.

As to this, the defendant does not have the right to be preserved by the plaintiff, so the plaintiff's principal lawsuit is unlawful and the plaintiff's principal lawsuit is defended before it.

On the other hand, in a creditor subrogation lawsuit, in case where the right of the creditor to be preserved by subrogation is not acknowledged, the creditor becomes the plaintiff himself and becomes the plaintiff and becomes the third debtor's right to the third debtor, and thus the subrogation lawsuit is unlawful and dismissed.

(See Supreme Court Decision 92Da48857 delivered on July 13, 1993). Moreover, permission is granted on land within the area subject to permission of land transaction contract under the National Land Planning and Utilization Act.