1. The plaintiff's appeal shall be dismissed.

2.The judgment of the first instance shall be modified as follows:

The defendant is attached to the plaintiff.

1. Basic facts

A. On September 12, 2008, the Plaintiff borrowed KRW 20 million from the Defendant as of December 12, 2008 on the date of repayment.

B. On September 16, 2008, the Plaintiff completed the provisional registration of the right to claim transfer of ownership on September 12, 2008 (hereinafter “the provisional registration of this case”) on September 16, 2008 with respect to the land of 17,717 square meters in Nam-gu, Nam-gu, Seoul for the purpose of securing the above loan amount (hereinafter “land before division”).

C. On November 27, 2008, on the basis of the provisional registration of this case with respect to the land before subdivision, the ownership transfer registration entered in the order was made on November 26, 2008 (hereinafter “instant ownership transfer registration”) on the ground of sale on November 26, 2008.

As to the land before subdivision, the establishment registration of a superficies and the establishment registration of a superficies (hereinafter “registration of the establishment of superficies”) have been completed on April 30, 2008 with the maximum debt amount of KRW 30 million (hereinafter “the establishment registration of a superficies”). However, on December 18, 2008, the Defendant paid KRW 21.35 million to D on the same day, and cancelled the registration of the establishment of a superficies and the establishment of a superficies on the ground of the termination on the same day.

E. The land before subdivision was divided into each land listed in the separate sheet on February 16, 2012.

F. On February 23, 2012, the Daegu District Court Branch rendered, upon the Plaintiff’s request, a provisional disposition prohibiting disposal of real estate on the land prior to subdivision 2011. The land prior to subdivision was already registered on February 24, 2012, and its entry was registered only on the land specified in [Attachment 1] List.

G. With respect to each land listed in [Attachment 2 to 5] list, the following registration of ownership transfer, registration of ownership transfer and provisional registration of right to claim ownership transfer has been completed:

1. The registration of transfer of ownership completed on March 8, 2012 by the Daegu District Court Branch Branch Office No. 19235 for each land listed in [Attachment List Nos. 2 and 3] in the name of gold Real Estate Co., Ltd. and the list Nos. 4 and 5 are listed respectively.