1. The court shall dismiss the lawsuit concerning the cancellation of the contract to establish a mortgage added at the trial;

2. The plaintiff's appeal is with merit.

1. Basic facts

A. On February 5, 2013, the Plaintiff’s preserved claim against D lent KRW 30 million to D on February 5, 2013, and on the other hand, on July 2, 2013, the maturity of KRW 50 million was July 5, 2013; and on July 12, 2013, the remainder of KRW 90,000,000 was determined as of July 12, 2013, and a notarial deed as to a monetary loan contract was prepared with such content.

(F) No. 912, 2013.20

D’s disposal 1) D is real estate listed in the separate sheet on September 5, 2012 (hereinafter “instant real estate”).

2) On July 8, 2013, the Seoul East Eastern District Court received on July 8, 2013, No. 47556, the provisional registration of the right to claim the transfer of the entire co-owners' shares (hereinafter referred to as "the provisional registration of this case") was completed on the ground of a pre-sale agreement (hereinafter referred to as "the instant pre-sale agreement") with Defendant B on the instant real estate as of July 8, 2013.

3) Defendant B entered into a contract with Defendant C to sell 3/10 shares out of the instant provisional registration at KRW 2.2 billion each of the instant real estate between D and E (i.e., the Seoul East Eastern District Court (Seoul Eastern District Court) as to August 16, 2013, and (ii) the provisional registration of partial transfer of the right to claim ownership transfer on the ground of partial transfer on July 31, 2013. (iv) The Defendants entered into a contract with Defendant B to sell shares of KRW 7/10 as to each of the instant real estate and KRW 3/10 as to each of the instant real estate (hereinafter “instant contract”).

D Based on the provisional registration of this case, with respect to the shares of 7/20 shares in Defendant B (1/2), the registration of ownership transfer was completed on July 31, 2013 with respect to the shares of 3/20 shares in Defendant C, and the registration of ownership transfer was completed on July 31, 2013 with respect to the shares of 3/20 shares in Defendant C.

On the other hand, E is also about the share of 7/20 among the shares (1/2) in the real estate of this case on the basis of the provisional registration of this case.