1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement on four occasions from June 19, 2008 to December 23, 2008, respectively, with Nonparty I Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). B was the representative director of the Nonparty Co., Ltd., and jointly and severally guaranteed the Nonparty Co., Ltd.’s liability for indemnity based on each of the above credit guarantee agreements.

B. Upon the occurrence of the guarantee accident stipulated in each of the above credit guarantee agreements, the Plaintiff filed a lawsuit against the non-party company and B, etc. for the claim of indemnity amount under the Seoul Central District Court 2009Gahap95306, and the above court rendered a judgment on January 27, 2010 ordering the non-party company and B, etc. to jointly pay the Plaintiff the amount of indemnity amounting to KRW 1,181,422,60, and the above judgment became final and conclusive around that time.

C. On October 18, 2002, B owned the instant apartment on June 17, 2001 after completing the registration of ownership transfer for the reason of the sale on the part of c apartment 301 Dong 101 (hereinafter “instant apartment”) with respect to the instant apartment on October 18, 2002. However, on March 2, 2010, the procedure of voluntary auction was commenced by Suwon District Court, Sung-nam Branch Branch of Sungnam District Court (hereinafter “instant voluntary auction procedure”). The Defendant, a fraud of B, awarded the instant apartment in the instant voluntary auction procedure, and completed the registration of ownership transfer on April 18, 201 by winning the instant apartment in the instant voluntary auction procedure.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion B was awarded for KRW 602,20,00 for the instant apartment in the instant voluntary auction procedure under excess of the obligation to pay the Plaintiff the indemnity amount of KRW 1,181,422,60,00. The Plaintiff concluded a title trust agreement with the Defendant who was a fraud and provided the Defendant a successful bid price, and paid the successful bid price under the Defendant’s name and completed the registration of ownership transfer under the Defendant’s name and completed the registration of ownership transfer under the Defendant’s name.