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. Facts of recognition;

A. C owns 1/2 shares of Yongsan-gu Seoul Metropolitan Government D 60.2 square meters (hereinafter “instant land”). On April 4, 201, the Plaintiff filed a provisional registration of the right to claim a transfer of shares (hereinafter “provisional registration of this case”) on the instant land on the ground of the pre-sale agreement on March 31, 2011.

B. On May 29, 2013, the Defendant completed the supplementary registration prior to the provisional registration of the instant provisional registration, as stated in the purport of the claim, on the grounds of transfer on May 28, 2013.

C. On the other hand, around May 28, 2013, the Defendant agreed from C to lease the instant land’s equity and its ground buildings, with a deposit of KRW 40 million, KRW 350,000,000 per month, and the period of June 28, 2015. On the other hand, the Defendant agreed to receive the provisional registration of this case from C, and agreed with C as follows:

(No. 2). (A. 3. The lessor and the lessee have no obligation to this provisional registration right between the lessor and the lessee, and the lessee cannot exercise the provisional registration right without the consent or permission of C with respect to the transferred provisional registration, and the lessee shall transfer the transferred provisional registration right to C at any time if the lessor wishes to do so.)

D. C completed the supplementary registration of this case to which the provisional registration of this case was transferred to the Defendant using the Plaintiff’s painting, etc. kept in custody.

E. On June 24, 2013, the Defendant and C drafted an agreement with respect to the provisional registration of the instant case as follows:

(A) 2. Provisional registration is in the form of a provisional registration, and the defendant cannot exercise the right of provisional registration (transfer, etc.) and if so, the defendant shall compensate C for it.

3. Provided, That the defendant may be protected from the deposit for the deposit for the deposit for the lease of 40 million won with the setting of the deposit for the lease or with the fixed date fixed;

9. As mentioned in the above 2, the lessee wishes C to have the right of provisional registration transferred.