1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The defendant shall enter the plaintiff in the annexed list 1.

Basic Facts

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, and thus cites this part in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first and second contracts of this case, alleged by the parties, constitute a weak meaning of security transfer agreement, and the defendant is obligated to implement each procedure for the registration of ownership transfer concerning the first and second real estate in accordance with the above agreement.

The Defendant’s assertion concluded the first and second sales contracts of this case in order to secure the loan money by borrowing construction funds necessary for new construction from the Plaintiff. As such, the first and second sales contracts of this case constitute not a real meaning sales contract but a promise for payment in kind. As of November 3, 2008, the value of the first and second real estate of this case (54,000,000) exceeds KRW 245,000,000 as of November 3, 2008, the first and second sales contracts of this case violate Articles 607 and 608 of the Civil Act and are invalid.

Even if the sales contract of the instant Nos. 1 and 2 is valid as an agreement of transfer for security within a weak meaning, the Plaintiff’s above loan claims had already been extinguished at the lapse of 5 years from August 20, 2008 when the Plaintiff notified the Defendant of the performance, and thus, the said transfer security interest was also extinguished due to the appendant nature.

Judgment

In other words, the first and second contracts of this case, which are acknowledged as having comprehensively taken account of the overall purport of the arguments as to the cause of the claim, was concluded in accordance with the agreement from the owner of the building to transfer the ownership of the first and second real estate in lieu of the construction cost if the defendant fails to repay it to the defendant in order to secure the loan of construction funds to the defendant. In addition, the first and second contracts of this case are newly constructed in order to secure the plaintiff's loan claims against the defendant in addition to the real estate of this case.