1. The Defendant’s KRW 15,58,353 as well as the Plaintiff’s KRW 5% per annum from December 27, 2014 to November 5, 2015.

In fact, the parties concerned C Co., Ltd. (hereinafter referred to as the "C") is a company that newly constructs Class II neighborhood living facilities (hereinafter referred to as "the building of this case") with the size of 2 underground floors and 5 floors above the ground on the lot outside the D, Seo-gu, Seo-gu, Seocheon-gu, Incheon. The plaintiff is a contractor who was awarded a contract for the new construction of the building of this case from C on July 19, 2010, and the defendant is a creditor who lent KRW 500 million to C.

On July 22, 2010, C acquired the Plaintiff’s ownership of the instant building borrowed KRW 4.8 billion from Samsung Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), and the Plaintiff jointly and severally guaranteed C’s loan obligations.

On December 6, 2010, the Plaintiff filed a petition with Suwon District Court No. 2010, 2010, with the Suwon District Court (hereinafter “C”) to make a settlement with the effect that “If any ground arises, such as the C’s failure to perform obligations under a loan agreement with the Suwon Mutual Savings Bank, thereby losing the benefit of time, the Plaintiff shall transfer the ownership of the instant building to the Plaintiff.”

(2) On July 22, 2011, the Korea Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) (hereinafter “Korea Financial Savings Bank”) notified the Plaintiff on July 22, 201 that the payment of the guaranteed debt was lost due to overdue interest, etc., and notified the Plaintiff of the performance of the guaranteed debt as a joint guarantor. On July 25, 201, the Plaintiff paid the entire remainder of the loan to the Korea Financial Savings Bank on behalf of the Plaintiff on July 27, 201.

Since then, on August 1, 201, the Plaintiff completed the registration of ownership transfer on each unit of sectional ownership constituting the instant building on the ground of the telephone for filing the instant lawsuit.

The defendant's provisional disposition application, filing of the principal lawsuit and the plaintiff's right to claim the cancellation of ownership transfer registration due to the cancellation of fraudulent act is the preserved right.