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.

1. The court of first instance dismissed the Plaintiff’s main claim and accepted G’s counterclaim claim that was a co-defendant of the first instance trial.

Accordingly, only the plaintiff appealed, and in the trial, the plaintiff withdrawn the lawsuit against G, and G withdraw the counterclaim.

Therefore, this Court decides to judge only the plaintiff's claim against the defendant in the principal lawsuit.

2. Basic facts

A. In around 2012, the Defendant was a building owner who newly constructed a building listed in the separate sheet (hereinafter “instant building”) on the land in the Dobong-gun, Chungcheongnam-do (hereinafter “instant land”) and received the building permit from the head of Dobong-gun.

On June 12, 2012, the Defendant contracted the instant new construction work to B Co., Ltd. (hereinafter referred to as “B”) by setting the construction cost of KRW 700 million and the construction period from June 18, 2012 to December 31, 2012.

B. On October 19, 2012, the Defendant borrowed the instant land and the instant building under construction from the Korea Development Bank of Korea (hereinafter “Korea Development Bank”) as security at KRW 430 million.

C. On November 21, 2012, M&A, the Defendant’s creditor, applied for a compulsory auction on the instant land, and the Defendant and B agreed to obtain a loan in the name of B as security and to reimburse the Defendant’s loans, the construction cost of the instant building, etc. after completing the registration of ownership transfer in the name B and the procedures for change in the name of the owner.

On February 5, 2013, the Defendant completed the registration of ownership transfer under the name of B with respect to the instant land, and on March 21, 2013, changed the name of the owner of the instant building to B.

E. B, on February 6, 2013, borrowed the instant land as security KRW 80 million and the instant building as security at KRW 450 million, and repaid KRW 430,000,000 to the Defendant’s third-party relationship.

F. As to the instant land between B and December 12, 2013, the Plaintiff.