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

The grounds of appeal are examined.

1. The effect of the preservation by the preservative measure does not require strict conformity between the right to be preserved and the right which is the subject matter of the claim on the merits, and provided that the identity of the basis of the claim is recognized, the effect of the preservation by the preservative measure extends to the right to the merits of the lawsuit, and the modification of the purport of the claim and the cause of the claim merely differs from the method of resolution in disputes over the same living or

(2) According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially accepted by the lower court, the lower court: (a) on July 30, 2007, the ownership transfer registration of D on the land of this case was completed on 2006Da35223, Nov. 24, 2006; and (b) on March 2, 198, on the land of this case, which owned B Co., Ltd. (hereinafter “B”); (c) on the land of this case, the ownership transfer registration of D was completed on July 30, 207; (d) on March 31, 2008, E obtained a new ownership transfer registration of Suwon District Court 208Kahap140, May 208, 2008, the lower court completed the provisional disposition on the land of this case, stating the right to claim cancellation of ownership transfer registration and the right to claim cancellation of ownership registration on the land of this case (hereinafter “B”).