2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. As to the land listed in the separate sheet (hereinafter “instant land”) owned by the Plaintiff, the Daegu District Court’s Permanent Residence Office of the Permanent Residence on November 19, 2012, which was received on November 19, 2012, and on November 15, 2012, “the provisional registration of the right to claim transfer of ownership under the Defendant’s name is the provisional registration of the instant provisional registration.”

(B) The provisional registration of this case was completed. The provisional registration of this case is the provisional registration of security to secure the loan obligation of KRW 110 million against the Defendant of C. [based on recognition]. [This ground] fact that there is no dispute, Gap evidence 1, and Eul evidence 2 (if there is a serial number, including the number; hereinafter the same shall apply).

witness C’s testimony, the whole purport of pleading

2. The Plaintiff’s assertion C, without the Plaintiff’s delegation, entered into the instant promise to sell and purchase the instant land in collusion with the Defendant without entering into the said promise, and completed the instant provisional registration in the future of the Defendant.

Thus, the promise of this case is null and void by means of a false conspiracy or by a non-authorized representation of C, and provisional registration of this case based on this is also null and void.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

3. Determination

A. The Plaintiff asserts that, even though he was aware that he did not have the authority to conclude a pre-contract for the sale and purchase of the instant land, the Defendant, in collusion with C, signed the instant pre-contract and completed the instant provisional registration.

According to Gap evidence Nos. 5, Eul evidence Nos. 1 and 5, witness G testimony and the purport of the whole pleadings, the defendant agreed to lend KRW 110 million to Eul as security, and to complete the provisional registration of this case on the land of this case. At the time, prior to the cancellation of senior collateral security and superficies established on the land of this case, the defendant transferred all of the above loan KRW 110 million to C, and the defendant lent the above loan KRW 110 million to C and interest from C.