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

Purport of claim and appeal

1...

A. On January 20, 1994, the Defendant completed the registration of ownership transfer on the land listed in the separate sheet (hereinafter “instant land”) due to sale on January 13, 1994.

B. Around October 1994, the Plaintiff paid KRW 20 million to the Defendant, and around that time, the instant cement packaging was made on the instant land and used for the access road and parking lot of the Plaintiff’s factory until now.

C. On January 28, 1994, the registration of the establishment of a neighboring mutual savings and finance company with the maximum debt amount of 185,000,000 won and the debtor, the defendant, the mortgagee, the mortgagee and the mortgagee of the remaining mutual savings and finance company was completed.

In addition, on June 25, 1998, the registration of the establishment of a mortgage was completed on the land of this case with E, F, and G land as the joint collateral, and on November 14, 2008, the registration of the establishment of a mortgage was cancelled on the land of this case with the maximum debt amount of 250,000,000 won, the debtor, the debtor, and the new mutual savings and finance company for the mortgagee Co., Ltd.

[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence 1, 3, and 4 (including virtual numbers), Eul's testimony, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On October 194, when the Plaintiff paid KRW 20 million to the Defendant with respect to the instant land, the Plaintiff asserted that the Defendant entered into a sales contract with the Defendant to cancel the registration of the establishment of a neighboring mortgage and complete the registration of the ownership transfer to the Plaintiff on January 28, 1994, and paid KRW 20 million to the Defendant.

Therefore, the defendant should complete the registration of ownership transfer on the land of this case to the plaintiff.

B. The Defendant’s assertion that the Plaintiff want to use the instant land is only leased the said land to the Defendant with the deposit of KRW 20 million.

3. The following circumstances, i.e., the plaintiff and the defendant, which are acknowledged by considering the facts of the recognition as above, Gap evidence 5, Eul evidence 3, Eul evidence 4, 6, and 7 (including paper numbers), and the testimony of the witness C of the first instance trial, as a whole, the whole purport of the pleadings: