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. The defendant is a company established for the purpose of housing construction project.

The Defendant completed the registration of ownership transfer on January 4, 2013 with respect to the instant real estate.

B. The Defendant ordered the new construction of H apartment units in the Gyeonggi-si, Gyeonggi-do, and E concluded a contract with the Defendant to take over the said construction around September 2007, but the said contract was terminated on November 1 of the same year due to the nonperformance of the obligation of E.

Nevertheless, on February 12, 2008, E, under the name of the Defendant, prepared a standard subcontract agreement with D Co., Ltd. (hereinafter “D”) to subcontract the steel and concrete construction (hereinafter “instant construction”) among the above construction works, and delivered it to D.

C. On May 6, 2008, D entered into a contract for the supply of ready-mixed Co., Ltd. (hereinafter referred to as the “Large-unmixed”) with respect to the instant construction, and E, under the name of the Defendant, jointly and severally guaranteed the obligation of payment of ready-mixed amounting to KRW 57.8 million with respect to the Dae-un Container in the name of the Defendant (hereinafter referred to as the “joint and severally guaranteed obligation”).

E on July 29, 2008, the Defendant, under the name of the Defendant, prepared a loan certificate from the Plaintiff that the Defendant borrowed KRW 50 million from the Plaintiff as the value of the steel for the instant construction (hereinafter “the instant loan”) and delivered it to the Plaintiff.

E. On August 20, 2008, the Plaintiff entered into a mortgage agreement with Dae Young-si, Gyeonggi-do, with a maximum claim amount of KRW 200 million, and a debtor D with respect to the amount of 3,130 square meters F. 3,130 square meters, which is owned by the Plaintiff on August 20, 208. On August 20, 2008, Dae Young-si, which entered into a mortgage agreement with a debtor D, and on August 20, 2008, Dae Young-si, upon completing the registration

F. After that, upon the application for voluntary auction based on the above right to collateral security by the Dae Young-un Port, the procedure of voluntary auction was initiated by the Suwon District Court Branch G with respect to the above real estate, the Plaintiff shall pay back the amount of 82 million won to the Defendant with the obligation to pay back the amount of ready-mixed in the amount of KRW 82 million.