1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

1. Facts of recognition;

A. (i) On the ground, such as the registration of preservation of ownership and registration of the establishment of a neighboring mortgage (hereinafter referred to as the “patch industry”), the Pyeongtaek Industrial Development Co., Ltd. newly built G building which is an aggregate building (hereinafter referred to as the “total building”) on the ground, including the Seo-gu Incheon, Seo-gu, Incheon. On June 25, 2012, before approval for the use was granted, the registration of preservation of ownership was completed as a whole building with a general building, not an aggregate building, in the process of ex officio completion of registration of provisional attachment due to the provisional attachment request made on June 25, 2012. The registration of provisional attachment was cancelled on July 6, 2012

On July 11, 2012, the registration of the establishment of a neighboring mortgage-holder H, debtor H, debtor H, and maximum debt amount of 2 billion won was completed, and on the same day, the registration of the establishment of the ownership based on the trust was completed with the trustee international trust corporation as of September 3, 2012. At the same time, the registration of the transfer of ownership based on the trust is completed on the ground that the trust property belongs to the trust property, and at the same time, the registration of the transfer of ownership based on the trust is completed on the international trust company in the name of the international trust company. On the same day, the registration of the establishment of a neighboring mortgage-holder, partnership group, debtor I, and maximum debt amount of 50 million won was completed.

Abstract on October 19, 2012 concerning the entire building, the registration of provisional disposition was completed on October 19, 2012 by creditor J et al. and on November 25, 2012, creditor K, and creditor L.

(B) The right to preserve shall be the right to request the cancellation of ownership transfer registration due to the cancellation of private trust.

(1) On October 24, 2012, the Plaintiff entered into the instant exchange contract (i.e., the Plaintiff’s exchange contract) with the Pyeongtaek Industry as follows.

The real estate agent column of the exchange contract of this case has the defendant's signature and seal, and the representative director of C Co., Ltd. has the signature and seal of D.

- The subject matter of exchange: the voice-gun and six parcels owned by the Plaintiff.