1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2012, the Plaintiff borrowed KRW 12,00,000 from the Defendant as the due date for two months after the due date (hereinafter “instant loan”). Around that time, the Plaintiff agreed to transfer ownership of KRW 909,000,00 for the instant loan in lieu of the repayment of the loan (hereinafter “instant land”) if the Plaintiff is unable to repay his/her debt by November 26, 2012.

(hereinafter “Pre-Contract for Payment in Kind”). (b)

On October 29, 2012, the Plaintiff made a provisional registration of the right to claim ownership transfer (hereinafter referred to as “provisional registration of this case”) on October 26, 2012, based on the instant promise for payment in substitutes, to the Defendant on October 29, 2012. Around that time, documents necessary for the registration of ownership transfer based on the instant provisional registration were also issued to the Defendant.

C. The Plaintiff did not repay the debt of the instant loan by November 26, 2012, and the Defendant was on November 27, 2012.

Based on the provisional registration of this case on October 26, 2012, the documents delivered by the Plaintiff (hereinafter referred to as “instant ownership transfer registration”) were used to make a transfer registration on the ground of sale on October 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Determination as to the cause of action

A. As to the return of the object borrowed in lieu of the object borrowed, the promise of accord and satisfaction in this case, which is the cause of the claim, is null and void in accordance with Article 608 of the Civil Act, since the borrower promised to transfer other property rights in lieu of the object borrowed and the value of the property exceeds the aggregate of the borrowed amount

Therefore, the reservation for payment in kind in this case and provisional registration based thereon are the provisional registration for security contracts and provisional registration for security under Article 2 subparagraphs 1 and 3 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”).

The purpose of security is to ensure that the defendant, who is a creditor, exercises a security right under a security contract.