1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On May 4, 2009, the Defendant received a loan from the Plaintiff on May 11, 2009, with an intermediate payment of KRW 287,612,000 from the Plaintiff on September 30, 2010 due date, with the agreed interest rate of the agreement and the delay compensation rate of KRW 9% added thereto (hereinafter “instant loan”). The Defendant received a loan from the Plaintiff on May 11, 2009 (hereinafter “instant apartment”).

B. At the time of the instant loan agreement, the Plaintiff and the Defendant agreed to convert the instant loan into a long-term loan, and on the same day, the Defendant prepared and submitted to the Plaintiff a letter of offer of collateral security (Evidence A) stating that “I will, without any objection, make compensation for damages to you will, in particular, assume the other civil and criminal responsibilities, not only the obligation to compensate for the damages to you due to the instant apartment, but also take other civil and criminal responsibilities on the violation of the provision of collateral security (Evidence A).”

C. On December 27, 2010, the Defendant paid KRW 200,000,000 out of the remaining purchase price of the instant apartment on December 27, 201, and occupied the instant apartment on February 10, 201.

However, since the registration of ownership transfer was completed in the name of Empid Korea Co., Ltd., a company implementing the instant apartment on June 30, 2010, the registration of ownership transfer was completed on September 1, 2010 on the ground of the trust in the Cocco Asset Trust, Co., Ltd., a trust company (hereinafter “Cocco Asset Trust”), the registration of ownership transfer was completed in the name of Empid Coco Asset Trust, Inc., Ltd., a trust company

E. The Plaintiff refused to convert the instant apartment to a long-term loan on the ground that the ownership transfer registration was not registered.