1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

A. On January 30, 2013, the registration of transfer of ownership in the name of the Plaintiff (hereinafter “the first registration of transfer”) was completed on January 30, 2013 with respect to shares of 1/2 shares among the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on January 30, 2013.

B. On February 20, 2013, the registration of ownership transfer in the name of the Plaintiff (hereinafter “the second registration of ownership transfer”) was completed on January 30, 2013 with respect to the remaining one-half shares of each of the instant real estates on January 30, 2013.

C. On February 20, 2013, the Plaintiff completed on February 20, 2013 the registration of creation of each of the instant real property (hereinafter “registration of creation of each of the instant real property”) with respect to the Defendant, as the Seoul Western District Court No. 6290, Feb. 20, 2013, each of the following subparagraphs, which constituted the obligor, the obligee, the maximum debt amount, 500,000,000.

[Ground of recognition] The entry of Gap evidence No. 2 (including a branch number for which a branch number exists; hereinafter the same shall apply) and the judgment as to the main purpose of the whole pleading as to the defense of safety

A. As to the Plaintiff’s filing against the Defendant for the cancellation of the establishment registration of each of the instant real estates as a exclusion of interference based on the ownership of each of the instant real estates, the Defendant asserts that, first, the Plaintiff acquired ownership of each of the instant real estates based on the criminal act, and thus, there was no standing to seek the cancellation of the establishment registration of each of the instant real estates

On the other hand, in a lawsuit for performance, a person who asserts his/her right to claim performance has standing to sue, so whether the plaintiff is the owner of each real estate of this case or not shall be determined only in the merits.

Therefore, the defendant's above assertion is not accepted.

B. Next, the Defendant filed a lawsuit against the Plaintiff for the registration of cancellation of ownership (Seoul Western District Court 2016Gahap2963) against the Plaintiff and applied for the Plaintiff’s loss of ownership of each real estate of this case against the Defendant.