1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial are assessed against the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

1. Circumstances leading to the conclusion of the judgment subject to review

A. On April 9, 2013, the Plaintiff filed a lawsuit against the Defendant to demand the performance of the procedure for ownership transfer registration based on the completion of the pre-contract on the instant provisional registration (Seoul Central District Court 2013Gadan95382) regarding the instant real estate. On August 27, 2013, the Defendant filed a counterclaim to seek the cancellation of the instant provisional registration (the same court 2013Gadan232389) and was sentenced by the said court to dismiss all the principal claim and the counterclaim claim on May 9, 2014.

(Judgment of the court of first instance).

The plaintiff and the defendant appealed against the above judgment of the court of first instance, and filed each appeal (the same court 2014Na33047, 2014Na33054 (Counterclaim)). The plaintiff added, in preliminary, the plaintiff filed a claim for performance of the procedure for the transfer of ownership due to the exercise of the provisional registration of this case and the claim for reimbursement due to the exercise of the right of subrogation, such as the claim for performance of the right of subrogation and the claim for reimbursement due to subrogation. On September 8, 2015, the appellate court rendered a judgment dismissing all the plaintiff

(Supreme Court Decision before remanding).

Accordingly, only the Plaintiff was dissatisfied with the above judgment prior to remand and filed an appeal (Supreme Court Decision 2015Da63138, 2015Da63145 (Counterclaim)). On October 27, 2016, the Supreme Court partially accepted the Plaintiff’s appeal and rendered a judgment dismissing all of the part regarding the Plaintiff’s conjunctive claim in the judgment prior to remand and remanded to the lower court.

(Judgment of the court below).

On August 30, 2017, the appellate court (Seoul Central District Court 2016Na72602, 2016Na72619, Counterclaim) revoked the part of the judgment of the first instance among the judgments of the first instance in accordance with the purport of the judgment of remanding the case, and rendered a judgment citing the first preliminary principal lawsuit claim (the claim for performance of the procedure for the registration of ownership transfer based on the completion of the settlement of attribution based on the provisional registration of this case) that has been changed in exchange at the appellate court after the plaintiff is

(Judgment of review). (e)

The defendant is dissatisfied with the appellate court after remanding the case and appeal [2017Da46205, 2017Da46212 (Counterclaim)] to the Supreme Court.