A. The Plaintiff is a person who was an owner of 1241m2 (hereinafter “instant land”) in Yangyang-gun, Gyeonggi-do.

B. On November 10, 2009, the agricultural company D Co., Ltd. (hereinafter “D”) completed the registration of ownership transfer claim on the ground of the promise to sell and purchase the instant land on the same day.

At the time, the obligor was APP Co., Ltd. (hereinafter “AP”) and the mortgagee was registered as the mortgagee’s right to collateral security amounting to KRW 60 million, the Bank of Korea’s maximum debt amount.

C. The Plaintiff subsequently decided to sell the instant land to the Defendant.

On January 22, 2010, the Plaintiff, the Defendant (Agent E) and the D representative director F made an agreement to cancel the provisional registration of the instant land under the name of D, and to complete the principal registration after the provisional registration under the name of the Defendant and to complete the principal registration under the name of the Defendant (hereinafter “instant agreement”). As to the case of the principal registration under the name of the Defendant, the following agreements were made.

1. When the ownership is transferred to the defendant, 50 million won shall be remitted to D.

The time of principal registration shall be within one month after provisional registration is established.

2. Upon completion of the transfer of ownership, the Defendant shall pay for the obligations of the existing Abnbnb and shall be arranged in D or in the presence of the Plaintiff at the time of settlement of the obligations.

On January 22, 2010, the Plaintiff entered into a pre-contract with the Defendant to sell the instant real estate in the amount of KRW 75 million to the Defendant.

E. On February 1, 2010, D completed the cancellation registration regarding the provisional registration of the right to claim ownership transfer in the name of D.

On January 22, 2010, the Plaintiff completed the registration of the right to claim ownership transfer on the same day to the Defendant on the same day.

F. On November 4, 2013, the Defendant sought against the Plaintiff the implementation of the principal registration procedure based on provisional registration against the land of this case as Suwon District Court Branch No. 2013Kadan14813.