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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: "(a)" at the last 17th of the second 17th judgment of the court of first instance (hereinafter "the instant sales contract") and the reasoning of the judgment of the court of first instance other than adding the following judgments as to the matters alleged by the plaintiff in the trial at the court of first instance; and(b) cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. The Plaintiff’s ground of appeal follows: (a) the ownership transfer registration under the name of deceased C (hereinafter “the deceased”) on November 17, 201 with respect to the portion of 1/2 of each of the instant real estate (hereinafter “the ownership transfer registration”) was completed in order to secure the Plaintiff’s obligation to the deceased (i.e., KRW 395,00,000 (= KRW 135,000,000) for the Plaintiff’s loan to the deceased; and (b) the Defendant succeeded to the collateral contract and completed the registration of ownership transfer after receiving the said claim against the Plaintiff; (c) the Defendant was paid KRW 395,00,000 from the Plaintiff, and thereafter, (d) the Plaintiff is obligated to perform the registration procedure for ownership transfer registration with respect to one-half of each of the instant real estate.
Judgment
1) In a case where a real estate owned by the obligor in relation to the obligation has been transferred in the future to the obligee, the issue of whether it was transferred in lieu of the repayment of the previous obligation or transferred for the security of the previous obligation is related to the interpretation of the intention of the parties at the time of the transfer of ownership. If there is no clear proof as to this issue, it shall be taken into account all the circumstances such as the amount of the obligation at the time of the transfer of ownership (including the obligation to the third party to whom the real estate is to be borne), the value of the real estate at the time of the transfer of ownership (including the obligation to the third party to whom the real estate is to be borne) and the circumstances leading up to the obligor's obligation