1. Revocation of the first instance judgment.

2. The Defendant’s decision on November 29, 201 against the Plaintiff is rendered by the Seoul Central District Court.

1. Basic facts

A. On January 11, 199, G completed the registration of ownership transfer with respect to the Jongno-gu Seoul, Jongno-gu 624.2 square meters and D large 53.1 square meters (hereinafter collectively referred to as “instant land”). On the instant land, G established H (hereinafter referred to as “non-party company”) to conduct a new building construction project on the ground of the instant land.

B. On September 18, 1999, the non-party company leased the instant land from G and newly constructed the “E” building with the third underground and fifth underground floors on the instant land on April 11, 2000.

On November 5, 2003, the registration of preservation of ownership was completed on January 3, 2004 due to the entrustment of registration of provisional disposition prohibiting disposal of the building of this case.

C. On November 23, 2001, the Plaintiff purchased 206 units of the instant building from Nonparty Company (hereinafter “Plaintiff’s exclusive ownership”) and completed the registration of ownership transfer on December 30, 2008.

On June 16, 2004, in order to collect the value-added tax, etc. in arrears by the non-party company, the land of this case was seized. Accordingly, on December 20, 2007, the public sale of the land of this case was completed on January 3, 2008 by the defendant, and the defendant completed the registration of ownership transfer under the name of the defendant.

E. The Defendant filed a lawsuit against the buyer of the instant building, including the Plaintiff, seeking the removal of the instant building, the delivery of the instant land, and the payment of unjust enrichment equivalent to the rent of the instant land (Seoul Central District Court 2008Gadan202421). On November 29, 2011, the following judgment (hereinafter “instant judgment”) was rendered, and the instant judgment became final and conclusive around that time because the Plaintiff did not file an appeal. Of the instant judgment, the parts between the Plaintiff and the Defendant are as follows.

Defendant A (hereinafter the same shall apply) removed the Plaintiff’s exclusive ownership from the Plaintiff (hereinafter the “Defendant”) and the instant land.