1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

On May 11, 2016, the Defendant, as the owner and seller, and the Plaintiff, as the buyer, entered into a sales contract with respect to 501 and 1002 out of the apartment houses with a size of 10 stories above the ground level 10 stories above the ground level (hereinafter “the apartment of this case”) newly constructed on the D large 1,045 square meters above the land of this case (hereinafter “instant land”).

On February 12, 2013, the Hung Industrial Co., Ltd. (hereinafter referred to as the “Jung Industrial Co., Ltd.”) established a plan to implement the business of newly building and selling the total of 18 households of the instant apartment after acquiring the ownership of the instant land as the site, and to implement the business of newly building and selling the instant apartment after obtaining a construction permit on June 5, 2013, but the construction was suspended due to the lack of construction cost.

C, in order to take over the above business, the actual manager of E, a corporation taking over the above business, purchased the instant land from the Chungcheong Industry on November 18, 2013 and completed the registration of ownership transfer on November 22, 2013, and subsequently changed the name of the owner of the above apartment building building permit to F, and followed the above business.

(F) The F is a person who borrowed the name on the ground of bad credit standing, etc. of C. The Defendant’s lending of money to C and the registration of the establishment of a neighboring mortgage on the instant land was completed on November 22, 2013, on which C lent KRW 50 million to C on the date on which C acquired the instant land. As such, the Defendant completed the registration of the establishment of a neighboring mortgage, the debtor, F and the Defendant of the said land on the same day.

After that, the Defendant completed the registration of cancellation of the establishment of a mortgage on December 24, 2013 due to the termination of the mortgage contract on the ground of C’s request to obtain a loan of approximately KRW 600 million from the benefiting Credit Union as security.

With respect to the above land on the same day, the maximum amount of credit KRW 728 billion, the debtor F.