1. Nonparty C (resident registration number: D) and Defendant A with respect to real estate stated in the separate sheet, Daegu District Court on March 2003.

1. The facts following the facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1-2, 2-1, 2-2, and 4, and the whole purport of the pleadings. A

As of May 3, 2006, the plaintiff (former District Court Decision 2006Gadan4028) filed a lawsuit against Eul for the claim for the amount of transfer income (Seoul District Court Decision 2006Gadan4028) and the above court rendered a judgment on May 3, 2006 that "C shall jointly and severally with Eul and jointly pay to the plaintiff 42,459,967 won and interest thereon at the rate of 22% per annum from October 2, 2003 to the date of full payment." The above judgment was finalized on May 25, 2006.

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) is owned by C. As to the instant real estate, Defendant A completed the registration of provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) as the Daegu District Court’s receipt No. 25805 on May 16, 2003, and Defendant B completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) as the receipt of No. 31015 on June 16, 2001 by the same court (hereinafter “the instant provisional registration”).

C. Defendant A is the wife of C’s birth G and the head of G, and Defendant B is the former wife of C’s birth I.

Currently, C is insolvent.

2. Determination as to the Plaintiff’s claim against Defendant A

A. The Plaintiff’s assertion 1) The provisional registration of this case by Defendant A was made by falsity, notwithstanding the absence of an actual pre-sale agreement or a claim and obligation. 2) Moreover, the Defendant A’s right to the completion of the pre-sale agreement was extinguished on May 7, 2003, which was ten years after May 7, 2003, the date of the pre-sale agreement.

3) Therefore, the Plaintiff seeks the cancellation of the provisional registration of this case by subrogation of C in order to preserve his claim against C. B. The purport of Defendant A’s assertion 1) as G did not repay KRW 100 million borrowed from H on October 13, 1997, and as C did not repay the above debt, H’s opinion regarding the instant real estate according to an agreement with H.