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 facts following the facts do not conflict between the parties, or can be acknowledged after considering the whole purport of the pleadings as a whole in the entries in Gap evidence 1-1, Gap evidence 2-1, Eul evidence 3, Gap evidence 5-2, 3, Gap evidence 6-2, Gap evidence 7-2, Eul evidence 1-1 through 4, and Eul evidence 2.

The plaintiff is a child of D, and the defendant is D's Chok.

B. On October 26, 2011, the Defendant completed the registration of ownership transfer in the name of the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. (1) On October 26, 2011, the Defendant: (a) completed the registration of creation of a mortgage on the instant real estate, which caused the establishment of a mortgage on the instant real estate by the mortgagee E (hereinafter “E”) and the maximum debt amount of KRW 224 million.

(2) The Defendant provided the instant real estate as collateral for the purpose of raising the business funds of F, the husband, and established the establishment registration of the neighboring real estate as above.

(3) On November 8, 2012, E continued a voluntary auction procedure after having been issued a voluntary decision to commence the auction on the instant real estate to Chuncheon District Court Seocho Branch G, and voluntarily withdrawn an application for the said voluntary auction.

(1) On July 8, 2013, the Defendant concluded a provisional registration on the instant real estate transaction reservation (hereinafter “instant transaction reservation”) with D, who was one’s own relative and was an employee of a financial institution, as follows.

(2) The content of the instant reservation [Article 1] The Defendant and D shall trade the instant real estate in the amount of KRW 40 million, which is owned by the Defendant.

[Article 2] D pays 39 million won as a reservation deposit to the Defendant, and the Defendant shall receive the increased amount of money.

[Article 3] On July 15, 2013, the date of completion of the trade reservation is deemed to have been completed, as a matter of course, even if there was no D’s declaration of intention to complete the trade.

[Article 5] The defendant has agreed in advance between the deposit money and the parties concerned.