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 November 10, 1992, the Plaintiff, the Defendant, and C assumed KRW 5 million each of the instant land, and purchased the instant land and completed the registration of ownership transfer under the name of the Defendant. On November 10, 1992, the Defendant concluded a contract with G to purchase 942m2m2 (hereinafter “instant land”) from G, Youngbuk-gun, G, and completed the registration of ownership transfer on the instant land on November 19, 192.

B. On June 17, 2004, the Defendant, on the instant land, completed the registration of creation of a neighboring mortgage (hereinafter “first collateral security”) that became the debtor H and the National Agricultural Cooperative Federation of Daegu District Court (Seoul District Court Decision 5914, Jun. 17, 2004; the maximum debt amount 516,00,000,000, and the establishment of a neighboring mortgage (hereinafter “second collateral security”) that became the debtor H and the National Agricultural Cooperative Federation of the said land. On the same day, the Defendant completed the registration of creation of a new neighboring mortgage (hereinafter “second collateral security”) with the National Agricultural Cooperative Federation of Korea as of June 17, 2004.

C. On August 20, 2004, the Plaintiff and C completed the registration of ownership transfer for each of 314/942 shares of the land of this case on August 18, 2004 with the sale and purchase as the cause of registration from the Defendant as of August 18, 2004.

On August 29, 2008, the National Agricultural Cooperative Federation filed an application for voluntary auction as to the instant land, and the said court rendered a decision to commence voluntary auction on August 29, 2008 (hereinafter “instant auction procedure”). In the instant auction procedure, F received a decision to permit sale and paid KRW 200 million on July 24, 2009.

E. On September 28, 2009, the date of distribution of the instant auction procedure, the National Agricultural Cooperative Federation received dividends of KRW 660,101,729, and the Plaintiff 28,429,364, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), Gap witness C's testimony and the purport of the whole pleadings

2. Determination on the cause of the claim.