1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant lent KRW 100 million to C on May 10, 1993, and received from C a copy of a promissory note, the issue date of which is May 10, 1993, the face value of which is KRW 100 million, the due date, and the due date for payment (hereinafter “instant promissory note”).

B. On December 10, 1995, the Defendant additionally lent KRW 40 million to C, and C on the same day, “The loan amounting to KRW 100 million as of May 10, 1993 and KRW 140 million as of December 10, 1995 (hereinafter “instant loan”) shall be paid interest rateing to KRW 10 million as of December 10, 1995 by the date of full payment, and shall offer real estate owned by oneself as security.” The Defendant prepared a letter of payment and issued it to the Defendant.

C. On February 28, 1996, C completed the provisional registration of the right to claim a transfer of ownership in the name of the defendant who is the secured obligation of the loan of this case (hereinafter “provisional registration of this case”) under the registration of the Busan District Court's Da apartment 511 Dong 1202 (hereinafter “the real estate of this case”) and the registration of the vice branch office of the Incheon District Court of District Court in 14311.

On the other hand, the plaintiff filed a lawsuit against C on the claim for the purchase price of goods from the Incheon District Court 96Gahap1893, and received a favorable judgment from the above court that "C shall pay to the plaintiff 68,197,230 won and the amount calculated by the rate of 25% per annum from June 14, 1996 to the day of complete payment" (hereinafter "the judgment of this case"), and the above judgment became final and conclusive around that time.

E. The Plaintiff filed an application for a compulsory auction on B real estate B with the Incheon District Court (hereinafter “instant auction”) with respect to the instant real estate with the title of execution, and received a decision to commence compulsory auction on April 8, 2013.

F. At the instant auction procedure, the Defendant: (a) on June 17, 2013, which was the type of demand for distribution, prior to June 18, 2013; and (b) on June 17, 2013, based on the registration of the provisional price for the instant security, KRW 100 million (the Promissory Notes amount dated May 10, 1993) and the principal