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. Basic facts

A. On February 10, 2003, the Plaintiff entered into a new construction of the second floor building on the instant land (hereinafter “instant building”) with C, and completed the new construction. On February 10, 2004, the Plaintiff agreed to be transferred the ownership of the instant land and buildings under E in lieu of the payment of a part of the said construction price (hereinafter “instant payment agreement”). Under the said payment agreement, on February 12, 2004, the registration of transfer of ownership in the instant land and buildings was completed on February 12, 2004 (hereinafter “the instant registration of transfer of ownership”).

B. 1) The Korean National Bank Co., Ltd. (hereinafter “National Bank”) is limited to the instant land and building, including the process of paying compensation for the instant building.

(2) On May 14, 2004, the instant building began to be ground subsidence and rupture due to a construction work undertaken by the Yang Construction Co., Ltd (hereinafter “ Yang Construction”) in the vicinity of the instant land, and was destroyed after November 16, 2005, on the ground that C was unable to repay the said debt, due to the failure to repay the said debt, at the request of the National Bank, due to the commencement of the voluntary auction procedure by the Gwangju District Court H on May 14, 2004.

(3) Under the progress of the voluntary auction procedure for the instant land and building, the Plaintiff agreed to sell the instant land and building to the Defendant, who was in a de facto marital relationship on October 2, 2004, at KRW 650,000,000, and at the same time the compensation for the building is completed. (4) After November 15, 2004, the Defendant borrowed the instant land and building from the National Agricultural Cooperative Federation (hereinafter “CF”) as collateral.