1. Revocation of a judgment of the first instance;

2. The defendant is the Busan District Court with respect to the real estate stated in the attached list to F.

1. Basic facts

A. On February 20, 2009, the Defendant lent KRW 5,000,00 to F. On the same day, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the instant real estate owned by F for the purpose of securing the above loan claims, and completed the registration of establishment of a mortgage of KRW 10,000,000 for the maximum debt amount arising from the mortgage contract concluded on February 20, 209 on the same day.

B. On September 17, 2015, the Plaintiff filed a lawsuit claiming a loan against F with the Busan District Court 2015Gahap102568, the Busan District Court rendered a judgment that “F shall pay the Plaintiff KRW 210,000,000 and its delay damages,” and the said judgment became final and conclusive on October 15, 2015.

C. On November 19, 2015, the Plaintiff, with the title of execution, was forced to commence compulsory auction as Busan District Court’s Dong Branch G with respect to the instant real estate on November 19, 2015.

However, on February 11, 2016, when the above auction procedure was in progress, the Defendant completed the ownership transfer registration (hereinafter “instant principal registration”) under the Busan District Court’s Dong Branch’s registration and receipt No. 13156, based on the provisional registration of this case.

E. F is in excess of obligations as of the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6 and 7, F's testimony of the witness at the trial, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the provisional registration of this case constitutes provisional registration completed for the purpose of securing the above loan claim by the defendant lending KRW 5,000,000 to F on February 20, 2009.

Furthermore, if the entry of No. 2 and the purport of the entire argument in this court’s obvious facts is added, the appraisal value of the real estate of this case calculated by the appraiser as of January 25, 2006 in the above voluntary auction procedure at the time when the F acquired the ownership by a voluntary auction (J) with respect to the real estate of this case on January 9, 207.