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. Basic facts

A. On August 25, 2009, the Defendant registered the title of the E Apartment 101, Dong 1603 (hereinafter “instant apartment”) with respect to the instant apartment on the title trust to F, one of his/her his/her father’s father, and on October 11, 2009, the F completed the registration of ownership preservation in the name of F with respect to the instant apartment. As the F died on October 23, 201, G’s children inherited the said apartment and completed the registration of ownership transfer in the name of G on January 23, 2013.

B. On March 6, 2009, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with co-defendant C, setting the lease deposit amount of KRW 600 million and the lease term of KRW 2 million from March 23, 2009, and received KRW 600 million from C. On December 2, 2010, the Defendant increased the lease deposit amount of KRW 700 million and extended the lease term by April 27, 2013, and additionally received KRW 100 million from C.

C. On August 25, 2009, the instant apartment was established with the right to collateral security (hereinafter “the first right to collateral security”) of the Korea SCB Bank (hereinafter “SCB Bank”) with the maximum debt amount of KRW 960,000,000,000, but the voluntary auction procedure regarding the instant apartment was commenced on November 12, 2012 upon the request for auction by the SCB Bank.

On April 10, 2013, the Defendant delegated H with all rights concerning money borrowed or banking loan business necessary to withdraw the above voluntary auction application, and completed the registration of ownership transfer in the name of H on April 10, 2013 by title trust with the instant apartment to H.

E. On April 10, 2013, the Plaintiff made the first provisional registration of the right to claim ownership transfer on the ground of the “sale reservation on April 10, 2013” with respect to the instant apartment from H on April 10, 2013.

Around that time, various taxes and public charges necessary to withdraw the application for voluntary auction, and banks.