1. The defendant's appeal is dismissed.

2. Of the appeal costs, appraisal costs are assessed against the Plaintiff, and the remainder are assessed against the Defendant.

1. Basic facts

A. The Defendant is the actual management owner of Non-Party F Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) who constructed a building D, an aggregate building on the ground of C, at the Jeju city where real estate in the attached list (hereinafter “the instant real estate”) exists, and H is the Defendant’s partner with the birth of the non-party company, and the Plaintiff was a representative of G who lent money to the non-party company.

B. On September 25, 2013, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on September 24, 2013 with respect to the instant real estate, in order to secure the obligation to borrow funds from G. In order to secure the obligation to borrow funds from G.

On December 11, 2013, the Defendant completed the registration of the right to claim ownership transfer on the same day with respect to subparagraph I of the letter of agreement performance as set out below, and H completed the registration of the right to claim ownership transfer on September 24, 2013 with respect to subparagraph J and H as set out in the letter of agreement performance as set out below, and the registration of the right to claim ownership transfer on January 2, 2014 with respect to subparagraph L as set forth in the letter of agreement performance as set out below, to the Plaintiff on December 19, 2013.

C. On November 30, 2015, the agreement execution note between the Plaintiff, the Defendant, the H, and the Nonparty Company (hereinafter referred to as the “Defendant, etc.”) was drafted on November 30, 2015 (hereinafter “instant agreement execution note”).

[Written Consent of Agreement Implementation] The defendant, H, and non-party company refers to "A" and "B", and the plaintiff shall prepare a letter of commitment as follows:

C. Indication of real estate

1. Type I of D Building I in Jeju City (hereinafter referred to as "I")

2. The title E (this case’s real estate) of the same lawsuit.

3. Number of M buildings L (hereinafter referred to as “L”) at Jeju.

4. Dong Jho-ho (hereinafter referred to as "Jho-ho")

5. A shall transfer the right of provisional registration from G to the Defendant (A: transfer of the existing G’s claim) and simultaneously in the name of the Defendant with respect to the above five real estate K of the said lawsuit (hereinafter referred to as “K”).