1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

The Defendant received a successful bid in the procedure of voluntary auction in Seongbuk-gu, Sungnam-si (hereinafter “instant real estate”) and completed the registration of ownership transfer on May 24, 2012 under the name of the Defendant for the successful bid in the procedure of voluntary auction in Seongbuk-gu, Sungnam-si.

Around that time, the Plaintiff offered that he would wish to purchase the instant real estate to the Defendant, and accordingly, the Plaintiff and the Defendant prepared a letter of agreement with the following content that, if the Plaintiff paid interest on the instant real estate to the Defendant every month, the Defendant would provide the Plaintiff with a provisional registration and cooperate with the Defendant in the principal registration (hereinafter “instant agreement”).

In accordance with the agreement of this case, the Defendant completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) on June 21, 2012 with the receipt of No. 36977 on June 25, 2012 from Suwon District Court Branch Branch Branch of Sung-nam Branch of the Plaintiff for the instant real estate under the agreement of this case.

On April 19, 2013, the Defendant filed a lawsuit seeking the cancellation of the provisional registration of this case against the Plaintiff (Seoul Central District Court Decision 2013Da108660, hereinafter “the lawsuit seeking the cancellation of the provisional registration of this case”) by asserting that “After the Plaintiff made the provisional registration of this case pursuant to the instant agreement, from July 2012, the Plaintiff had the obligation to pay the Defendant a sum of KRW 1,100,000 (30,000 interest on the Defendant’s obligation to pay the balance of KRW 80,00,00) every month, but failed at least twice.”

On February 14, 2014, the first instance court held that the Plaintiff was liable to cancel the provisional registration of this case pursuant to the agreement of this case and accepted the Defendant’s claim, as the Plaintiff did not pay more than twice interest on the Defendant.

The plaintiff appealed against the above judgment, and on January 28, 2015, in the appellate court (Seoul Central District Court 2014Na20195) of the previous provisional registration cancellation lawsuit, the plaintiff appealed against the above judgment.