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 March 16, 1978, the Defendant and C completed the registration of ownership transfer as to each of the shares of 1/2 out of Daegu Suwon-gu G 205.7 square meters and H 280.9 square meters (hereinafter “each of the instant lands”).

B. On May 23, 2002, the Defendant borrowed KRW 250 million from the Daegu Bank (hereinafter “Tgu Bank”), and the Defendant and C completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a primary collateral”) with respect to each of the instant lands on May 23, 2002, with respect to each of the instant lands, the debtor, the maximum debt amount of KRW 313,000,000,000, and the mortgage holder Daegu Bank (hereinafter “the registration of creation of a primary collateral collateral”). On September 8, 2004, the debtor’s name in the registration of creation of a primary collateral collateral security was changed to C.

C. On December 24, 2003, the Defendant obtained additional loans from the Daegu Bank (hereinafter “the instant secondary loans”); and on December 24, 2003, the Defendant and C completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a mortgage over the instant secondary loans”); thereafter, the Defendant repaid KRW 3 million out of the instant secondary loans.

On September 12, 2005, the Plaintiff and the Defendant C sold each of the instant land to the Plaintiff with the purchase price of KRW 291,780,90,000. At the same time, the Plaintiff made a pre-sale promise with the content of trade (hereinafter “the pre-sale promise”) to the effect that the said purchase price was paid, and that there was an expression of intent to complete the sale. On September 13, 2005, the provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “the provisional registration”) was completed in the name of the Defendant and C as the receipt of the Daegu District Court under Article 5957 of the Daegu District Court’s receipt of the first 1/2 shares of each of the instant land.

E. The plaintiff.