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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim for the construction cost against the Plaintiff, Inc., Ltd., in the payment method, filed a lawsuit with the Gwangju District Court 201Gahap1652 against the Round Co., Ltd. (hereinafter “Round”), and on November 27, 2012, the Plaintiff and the Round paid KRW 1.32 billion to the Plaintiff on December 20, 2012. In the payment method, the amount of KRW 520 million shall be paid to the Plaintiff by December 20, 2012 and KRW 820 million by June 30, 2013, and if the Round did not pay once each of the above periods, the amount of damages for delay calculated by adding a rate of 20% per annum from the day following the date of payment to the day of full payment (hereinafter “instant adjustment”).
B. On September 13, 2010, the Human Estate Trust Co., Ltd. (hereinafter “Korea Assets Trust”) entrusted each of the instant real estate to the Korea Assets Trust Co., Ltd. (hereinafter “Korea Assets Trust”) on the following grounds: (a) the Real Estate as indicated in the separate sheet (hereinafter “each of the instant real estate”).
C. On July 4, 2016, the Plaintiff filed a lawsuit against the Korea Asset Trust seeking the implementation of the procedure for the registration of ownership transfer of each of the instant real estate in subrogation of the Plaintiff’s purchase and sale reservation and the Defendant’s provisional registration of ownership transfer claim 1) for compulsory execution following the conciliation in the relevant case, and received a judgment in the appellate court in favor of the Plaintiff on June 1, 2016 (Seoul High Court 2015Na1191), and the Korean Asset Trust appealed on September 8, 2016, but the said appellate court’s judgment became final and conclusive as it became final and conclusive on September 8, 2016. However, on July 4, 2016, the Korea Asset Trust on each of the instant real estate due to the revocation of fraudulent act by the Reconciliation Recommendation Decision 2013Na423, Busan High Court 2014.