The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following.

C On February 1, 2010, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to each real estate (hereinafter “each of the instant real estate”) listed in the separate list of the first instance judgment, which is the only property owned by the Defendant under his/her own name, and the same month.

4. The Defendant completed each transfer registration of ownership (hereinafter “each of the instant transfer registration”) under the Jeonju District Court Kim Jong-dong Office No. 2892.

B. (1) On July 25, 2011, the Plaintiff filed a lawsuit claiming return of unjust enrichment against the Plaintiff on the ground that C used the Plaintiff’s funds in acquiring each of the instant real estate, and received a favorable judgment ordering the payment of KRW 289,058,60 in the Gwangju High Court (former High Court) 2012Na1042, May 2, 2013, which is the appellate court, and the said appellate court rendered a favorable judgment.

(2) On July 25, 2011, the Plaintiff filed a lawsuit against the Defendant for the revocation of fraudulent act, etc. with the Jeonju District Court 201Gahap4345, the Plaintiff rendered a judgment on January 16, 2014 that “The first instance judgment is revoked, the instant sales contract is revoked, and the Defendant will implement the procedure for the cancellation of each transfer of ownership registration to C,” and the said judgment became final and conclusive as it is.

(hereinafter referred to as “pre-trial judgment”). (c)

However, on December 4, 2013, the Defendant completed the registration of establishment of a mortgage on each of the instant real estate to E Union, and to F on January 17, 2014, the establishment of a mortgage on each of the instant real estate was completed.

(1) Accordingly, on March 24, 2014, the Plaintiff expressed his/her intent to accept the procedure for registration of cancellation of each ownership transfer registration of this case with respect to E Union, F, etc. as the Jeonju District Court 2014Gahap1804, and entered into between the Defendant and F.