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. Facts of recognition;

A. On October 6, 2003, the Plaintiff’s wife G sold the instant real estate owned by the Defendant to H KRW 170,000,000,000, the Defendant’s mother, and KRW 20,000,000, a down payment of KRW 70,000,00 on the date of the contract, the intermediate payment of KRW 70,000,000 on November 10, 203, respectively, and paid the secured loan. The remainder of KRW 80,00,000, the Plaintiff’s wife agreed to complete the registration of ownership transfer to secure the payment, and received KRW 20,000,00 from H on the same day.

B. According to the above sales contract on December 3, 2003, G completed the registration of ownership transfer for the instant real estate under H’s name on November 3, 2003. H resided together with his family in the instant real estate from around that time, and completed the registration of ownership transfer claim based on the same date’s reservation under G’s name on December 12, 2003.

Since then, the Plaintiff, G, and H decided to change the provisional registration name from G to the Plaintiff, and on December 18, 2003, cancelled the registration of the right to claim ownership transfer under the name of G on December 26, 2003, the registration of the right to claim ownership transfer was completed on December 18, 2003 under the name of the Plaintiff on December 26, 2003, and H paid KRW 6,922,476 as part of the part of the part of the part of the contract intermediate payment to G on December 22, 2003.

C. He did not perform his obligation to pay the remainder of intermediate payments and the remainder, on October 19, 2007, the Plaintiff completed the additional registration before the provisional registration due to the transfer of rights on October 17, 2007 in the name of the Defendant with respect to the registration of the right to claim ownership transfer under the Plaintiff’s title. On the same day, the registration of ownership transfer was completed on October 17, 2007 under the name of the Defendant for the sale of the instant real estate as of October 17, 2007 (transaction value of KRW 210,000) under the name of the Defendant, and the registration of ownership transfer was completed on October 17, 2007 under the name of the Plaintiff C, which is a fraud of the Plaintiff (hereinafter “the provisional registration of this case”).

In this case.