1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence No. 18 and Eul evidence No. 1.

On November 29, 2004, the registration of ownership transfer was completed in the name of M M Co., Ltd. (hereinafter "M"), and the registration of ownership transfer was completed in the name of the plaintiff on April 28, 2008, and the registration of ownership transfer was completed in the name of D on July 9, 2008.

On the other hand, on April 28, 2008, the registration of change of the right to collateral security made the debtor D on the ground of the acquisition of the contract on July 18, 2008. The registration of change of the right to collateral security made the debtor D on the ground of the acquisition of the contract.

B. The registration of ownership preservation was completed on November 29, 2004 in M’s name with respect to the second real estate, and the registration of ownership transfer was completed on June 4, 2008 in D’s name, and the registration of ownership transfer was completed on July 9, 2008 in the Plaintiff’s name.

On the other hand, on June 4, 2008, with respect to the second real estate, the registration of change of the right to collateral security (hereinafter “registration of change”) against the debtor was completed on June 4, 2008, three times the establishment of the right to collateral security (hereinafter “the right to collateral security”) was completed on June 4, 2008, which was concluded on June 4, 2008 by the debtor D, the F organization of the mortgagee, the maximum debt amount of 30,000,000,000 won, and the cause for registration of the establishment of the right to collateral security (hereinafter “instant registration”).

2. On April 24, 2008, the Plaintiff’s assertion made an oral contract to purchase M and 2 real estate M for KRW 2.5 million. Around that time, the Plaintiff borrowed KRW 2.50 million from the Defendant as collateral for the second real estate and paid the purchase price to M.

However, the registration of the establishment of a new mortgage on the second real estate provided by the plaintiff as security was completed, and the registration of the establishment of a new mortgage on the first real estate was completed.

Therefore, the defendant raises objection to the plaintiff.