1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 10, 2013, D (referring to the father of the Plaintiff) represented by the Plaintiff: (a) on a fixed sale price of KRW 200 million for the business building F-dong, Busan-gu, Busan-si, the Plaintiff owned to the deceased B; and (b) on a fixed sale price of KRW 06,000,000,000.

(hereinafter “instant sales contract.” Although E originally intended to purchase the instant commercial buildings, the network B was to do so upon the E’s request, and became the purchaser.

In the instant sales contract, as a means of payment of the purchase price, the deceased B acquired the secured debt of KRW 130 million,00,000,000,000,000, which was paid as to the instant commercial building, within 60 days, and agreed to pay interest on the loan after January 10, 2013, and E transferred the ownership of KRW 1587,00,000,000,000 to the Plaintiff.

C. On March 18, 2013, the Plaintiff completed the registration of the right to claim transfer of ownership on March 15, 2013 with respect to the instant commercial building on the grounds of the promise to trade.

On the other hand, the above G land was disposed of by H around October 30, 2013 upon the request of the Plaintiff and E and paid to the Plaintiff KRW 10 million.

However, unlike the agreement, the net B delayed payment of interest without accepting the secured debt of the instant case, and on July 12, 2013, the auction procedure was initiated with respect to the instant commercial building upon the application of the National Bank of Korea from the mortgagee of the instant right to collateral security.

(I) Goyang District Court I). (e)

In the above auction procedure, the commercial building of this case sold KRW 74,100,000 and distributed KRW 69,310,880 remaining after the deduction of the execution cost and the pertinent tax from the sale price to the mortgagee of this case (the third asset securitization company specialized in the oil-backed securitization was transferred to the mortgagee of this case).

The principal and interest of the instant mortgagee was paid out only the amount of KRW 145,335,992, which was paid to the Plaintiff.