1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the next order of payment shall be revoked.

The defendant.

Basic facts: (a) on March 21, 2007, the first-ownership relation corporation of the instant building and land (hereinafter referred to as “the instant land”) completed the registration of ownership transfer on the ground of sale on March 20, 207 with respect to the Suwon-si, Suwon-si, C & 338 square meters (hereinafter “instant land”); and (b) around that time, the second-story building (hereinafter referred to as the “instant building”) was newly constructed on the ground of the instant land along with the instant land.

On March 14, 2007, prior to the acquisition of ownership of the land of this case, Doz. completed on March 14, 2007 the registration of creation of a mortgage and superficies with a maximum debt of 396 million won to the bank.

On September 5, 2008, Doz. transferred the ownership of the building of this case to the Plaintiff on September 5, 2008 by payment in lieu of the claim for construction cost of KRW 220 million.

On January 2, 2009, the Plaintiff received a decision of provisional disposition against the prohibition of disposal of the instant building with the right to claim the registration of transfer of ownership as the preserved right (U.S. District Court 2008Kadan8491), and on January 2, 2009, the registration of preservation of ownership in the name of branch office was completed upon the entrustment of registration in accordance with the above provisional disposition order with respect to the instant building, and thereafter occupied and used the first floor of the instant building from around that time.

On October 29, 2008, Korea Bank filed an application for voluntary auction based on the right to collateral security established on the instant land, and rendered a voluntary decision to commence the auction on the instant land as D with the Suwon District Court.

On January 20, 2010, the Plaintiff and the Defendant concluded a sales contract of KRW 220 million for the instant building (hereinafter “instant first sales contract”).

In light of the fact that the auction procedure is in progress with respect to the instant land at the time, the Defendant acquired the ownership by winning the instant land in the said auction procedure, and sold the instant real estate to a third party, and sold it to the Plaintiff.