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

Purport of claim and appeal

purport.

A. A. On October 17, 1992, B entered into a contract with Nonparty F to purchase D 23 square meters (hereinafter “instant land”) at KRW 10,000,000 for the purchase price (hereinafter “instant sales contract”), and paid the price in full, but it was impossible to complete the registration of ownership transfer on the ground that the acquired land area does not exceed 1,000 square meters, and thus, the registration of ownership transfer cannot be completed immediately.

Accordingly, on November 27, 1992, F prepared and issued a receipt to the effect that he was paid KRW 10 million for the purchase price of the instant land to B, and subsequently, F agreed to set up a collateral security on the instant land with the maximum amount of debt, if it cannot complete the registration of ownership transfer for the instant land thereafter.

B. According to the agreement on December 3, 1992, F completed on December 4, 1992 the registration of creation of a collateral security (hereinafter “instant collateral security”) with regard to the instant land as the Changwon District Court Heading the Changwon District Court No. 18183, which was received on December 4, 1992, the maximum debt amount of KRW 15 million, the debtor E (hereinafter “F”), and the debtor-mortgage B, which was the mortgagee B.

C. The Plaintiff completed the registration of ownership transfer with the Changwon District Court No. 17306, May 30, 2008, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005) with respect to the instant land.

The Defendant filed a lawsuit against the Plaintiff and B on March 28, 2012 against the Changwon District Court through the Changwon District Court, which rendered a judgment that “Defendant B shall pay to the Plaintiff (the Defendant in this case) the amount equivalent to KRW 14 million and the interest rate of KRW 20% per annum from January 14, 2012 to the date of full payment. The Plaintiff (the Defendant in this case)’s claim against the Defendant (the Plaintiff in this case) is dismissed,” and this judgment was finalized on May 22, 2012.

E. The Defendant has an executory power over the above judgment on December 3, 2014.