A. Upon receiving a request for a loan from D, etc., the actual owner of the building in the Nam-gu Incheon Metropolitan City, 288.3 square meters and its ground (hereinafter “the instant real estate”), Defendant: (a) lent KRW 100 million, etc. on April 9, 2014, on the condition that the right to request the transfer of ownership in the name of the Defendant and F was registered (hereinafter “provisional registration in the name of A”); and (b) made a provisional registration under the name of A on April 10, 2014.

On the other hand, on August 27, 2002, the right to request the transfer of ownership in the name of G Co., Ltd. (hereinafter “the provisional registration of this case”) was registered. The above D, as to the provisional registration of this case, filed a lawsuit for cancellation of ownership claim against the Plaintiff, Co., Ltd., the owner of the instant provisional registration, and the Plaintiff, etc., who was the owner of the instant provisional registration, to whom the right to request the transfer of ownership was the Defendant, and sentenced on October 30, 2014, Incheon District Court Decision 2014DaDa16509 decided that the procedure for cancellation of the provisional registration of this case should be implemented, but the Plaintiff did not receive any balance of the instant real estate and did not proceed with the subsequent procedure pursuant to the above judgment, and the above D was sentenced to the judgment of this case on November 1, 2014, and issued the copy thereof to B for prompt payment and delivery of the balance (hereinafter “instant judgment”).

The defendant knew that the above D was unable to receive the above balance, and doing the procedure of cancelling the provisional registration of this case by preparing documents in the name of the above H as to the cancellation of the A, etc. of this case, with the knowledge that the provisional registration of this case is contrary to the above H and D's will, even though it was contrary to the above H and D's intent, the provisional registration of this case was not cancelled, and thus, it is possible for the defendant to receive the above amount borrowed as above due to the order of priority such as the right to request the transfer of ownership, etc., by forging the documents under the above H'