1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. On November 26, 2002, the plaintiff filed a lawsuit against D for the claim for reimbursement of the amount of money with the Dong Branch of the Seoul District Court (2002Gadan43425) and received a judgment from the above court as to "D shall pay to the plaintiff 32,989,972 won and 23,731,331 won among them, 25% per annum from July 10, 1998 to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to November 9, 2002; and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

B. On May 6, 1998, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the receipt of No. 6073 on May 6, 1998 on each land listed in the separate list of real estate owned by D (hereinafter “each land of this case”).

C. D’s property status is around the day of the closing of argument in the trial, while D’s property exceeds KRW 100,00 based on the above final judgment against the Plaintiff, active property is over KRW 26,388,450 [=3,876,450 won for each of the instant land and each of the instant land and each of the instant land, and KRW 1,818 square meters prior to Seopopo-si, Seopo-si (=601 square meters x 6,450 won for each of the individual published land values x 728 square meters x 728 square meters x 6,450 won for each of the individual published land values)] and is over obligation.

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2-2, 3, Eul evidence 3, Eul evidence 16-5, Eul evidence 16-6, the fact inquiry result of the court of first instance to the Minister of Land, Infrastructure and Transport, the result of the order of submission of tax information to the head of Seongdong-gu Office of the court of first instance, the purport of whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the absence of the right to claim ownership transfer does not exist to the defendant as to each of the land of this case, which is the right to be preserved for the provisional registration of this case.

Section B 1, 2, 3, 7, 8, 9, 15, 16, 18 (including each number) respectively.