1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 2, 2004, the Defendant prepared a contract for sale in lots (hereinafter “101 contract”) between A Co., Ltd. (hereinafter “A”) and H 105 Dong 101 on the land outside of H 200 million won. The down payment is KRW 200 million, intermediate payment KRW 200 million, and KRW 130 million in total, KRW 200 million. B. The Defendant paid KRW 28 billion to A on March 23, 2004. The Defendant completed the registration of ownership transfer on July 5, 2005 (hereinafter “the instant contract for sale in lots”) with the Busan District Court No. 200,000,000 won. The Defendant completed the registration of ownership transfer on July 1, 2005 (hereinafter “the instant contract for sale in lots”) and KRW 2050,000,000,000,000 won.

F. Meanwhile, the defendant secured provisional registration such as notification of the appraised value of liquidation money to A before completing the registration of transfer of ownership of this case.