1. Of the judgment of the first instance, the part against the Defendant (Counterclaim) regarding the principal lawsuit shall be revoked, and that part shall be revoked;

1. The summary of the case is that the Plaintiff, as the principal lawsuit, seeks cancellation of provisional registration and ownership transfer registration under the condition that the cancellation of provisional registration and the repayment of the ownership transfer under the condition that the secured obligation shall be repaid, as the principal lawsuit, by asserting that the registration of ownership transfer and the provisional registration of the right to claim ownership transfer, which was completed in the name of the Defendant with respect to the real estate listed in the separate sheet Nos. 1 through 11 (hereinafter referred to as “real estate of this case”) was completed in accordance with the title trust agreement or the security agreement, and that the provisional registration and the ownership transfer registration are revoked in the first place against the Defendant. The Defendant, as a counterclaim, is seeking to deliver the real estate of 7,10 real estate currently possessed by the Plaintiff

The first instance court accepted part of the plaintiff's main claim, dismissed the remainder of the main claim and the defendant's counterclaim. Accordingly, both the plaintiff and the defendant appealed.

The main lawsuit and counterclaim shall be judged together below.

2. Basic facts

A. The Plaintiff and the Defendant’s relationship are the relationship between the mother and the Defendant, which is the relationship between the mother and the Defendant.

(A) The plaintiff's son E is the defendant's husband.

The registration details of each of the instant real estate was owned by the Plaintiff. The Plaintiff, on March 9, 1998, sought a claim on the first through fifth real estate from the Defendant.

A. (2) The provisional registration of ownership transfer based on sale on February 8, 1998, as described in paragraphs (1) through (5), and the provisional registration of ownership transfer based on sale on February 8, 1998, (2) the right to claim for ownership transfer registration based on sale reservation on March 5, 1998, was completed.

2. On March 17, 1998, the defendant cancelled each of the above provisional registrations on real estate 6 through 10 on March 17, 1998, and again claims for the principal lawsuit which was based on trade reservation on March 20, 198 for real estate 6 through 10 on the same day.

(a)(a) through (e) ;