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. The court of first instance accepted the Plaintiff’s claim after remanding the case. The court of first instance prior to remand, which was the appellate court, dismissed the lawsuit concerning the part of seeking the consent to cancel the registration of the establishment of a mortgage in the vicinity of the first instance court, and dismissed the Defendant’s appeal against the part that the Defendant lost (hereinafter “the part that the Defendant lost”), and the fact that the Defendant appealed only against the part that the Defendant lost, and the Supreme Court reversed and remanded the part that the Defendant lost in the judgment prior to remand, which was accepted by the Defendant’s appeal, is obvious.

Therefore, since the judgment of dismissal of a lawsuit rendered in the judgment prior to remand became final and conclusive around that time due to the Plaintiff’s failure to file an appeal, the subject of the trial subsequent to remand is limited to the part against the Defendant among the judgment prior to remand (see, e.g., Supreme Court Decision 2005Da67971, Jan. 11, 2007). 2. Basic facts

A. On September 5, 2002, the Plaintiff entered into a contract to purchase each real estate listed in the separate sheet from the Defendant (hereinafter “instant sales contract”) with the Defendant, who is a son on September 5, 2002, with the purchase price of KRW 45 million (hereinafter “instant sales contract”). The Plaintiff paid the above sales price to the Defendant from October 2, 2002 to November 11, 2002.

B. The Defendant completed the registration of ownership transfer on October 18, 2004 with respect to each real estate listed in the separate sheet 12 and 13, and on December 21, 2009 with respect to each real estate listed in the separate sheet 1 through 10.

On March 15, 2005, Y, the defendant's son, completed the registration of ownership transfer on the real estate stated in the attached list 11 to E, the plaintiff's wife.

C. Part 1,357 square meters in the ship (Ga) section 1,357 square meters in order to connect each point of 1,38 through 53, and 38 square meters in order to connect each point of 1,35,240 square meters in the annexed drawing among 139,240 square meters in the land of Gyeong-dong, Gyeong-dong, Gyeongnam-gun, Chungcheongnam-do, and the part (Da) in the ship (Na) section 863 square meters in the same drawing and 54 through 90, and 54 square meters in the same drawing.