A. C and D entered into a contract for building construction works with F on December 26, 2002 in order to construct a building on the ground of two lots, including Dong-gu, Busan, Dong-gu, Busan, where they were jointly owned, and F further subcontracted the building construction works to G.

B. At around 2003, G completed H lending, a multi-family housing of five stories above ground (hereinafter “instant building”) on each of the above lands, but it did not receive the construction cost, thereby exercising the right of retention on the instant building.

C. After that, while the procedure for compulsory auction (this court) on the building of this case was under way, the Plaintiff, the representative director of G, a corporation G, who was exercising the above lien, sought to participate in the procedure for compulsory auction and obtain a successful bid for the building of this case. However, on July 27, 2010, the Plaintiff and Defendant B, who had difficulty in obtaining a successful bid for the building of this case on the grounds of bad credit standing, etc., prepared a “statement of performance of the right to real estate” with the purport that the Plaintiff, instead of Defendant B, exercised all the rights of the owner, such as sale of the building of this case, creation of a collateral security right, establishment of a lease on a deposit basis, and transfer of ownership. At that time, G, a corporation renounced the above lien.

On August 3, 2010, Defendant B was awarded a successful bid of KRW 317,020,000 for the instant building during the compulsory auction procedure and completed the registration of ownership transfer in Defendant B’s name on October 1, 2010.

E. On October 1, 2010, Defendant B loaned KRW 237,000,00 under the name of the J, one’s wife, at the Central Saemaul Depository of the Republic of Korea, and as a security, registered the creation of a mortgage over the instant building, which is the maximum debt amount of KRW 308,10,000,000, the debtor J and the mortgagee of the right to collateral security, was registered.

F. Defendant B paid KRW 317,020,000 for the above loans of KRW 237,000,000 to the Plaintiff, plus KRW 80,020,00 for the above successful bid price, and also paid KRW 317,020,00 for the building of this case from the Plaintiff.