The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

The court below accepted the judgment of the court of first instance and acknowledged the facts of the judgment, and concluded the agreement of this case between the plaintiff (Counterclaim defendant; hereinafter "the plaintiff") and the defendant (Counterclaim plaintiff; hereinafter "the defendant") on April 26, 2006, where the defendant resides in the apartment of this case owned by the plaintiff, and he has repaid the principal and interest of the loan in lieu of the payment of the rent, and where the payment of interest is delayed three times or more in lieu of the principal and interest of the loan secured by the apartment of this case, the plaintiff may terminate the agreement. If the defendant pays to the plaintiff the lease deposit, the purchase price, and the acquisition cost amount of the apartment of this case, he would transfer the ownership of the apartment of this case to the defendant or a third party designated by the defendant. Since the defendant failed to pay the principal and interest of the above loan three times or more after June 2010, the defendant was obligated to deliver the apartment of this case to the plaintiff.

Furthermore, the lower court rejected the Defendant’s assertion on the grounds stated in its reasoning that the Plaintiff was liable to implement the procedure for ownership transfer registration on the ground of an agreement made on February 24, 2006, on the instant apartment, on the following grounds: (a) the Plaintiff exchanged the Plaintiff with other real estate and received the difference of 1653/90 of the Plaintiff’s share of 757 square meters of Gyeonggi-gun, Gyeonggi-gun, which was acquired in the name of ASEAN as collateral for the claim; and (b) the Plaintiff used the instant apartment as collateral; and (c) the Defendant’s debt (256,372,734 won as of October 30, 2009) to the Plaintiff’s husband and wife, including the deposit and the purchase price, and the obligation to refund the acquisition cost (256,372,734 won as of October 30, 209).