1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. In 2005, the Plaintiff came to know Defendant B while working in a company with a show of grace in 2005, and the Plaintiff conspiredd until 2008.

B. On February 22, 2008, Defendant B transferred KRW 33.5 million (hereinafter “instant KRW 33.5 million”) from the Defendant C’s account in the name of the Plaintiff (hereinafter “instant account”) to the Defendant C bank account in the name of the Plaintiff.

C. On April 10, 2008, the Plaintiff completed on April 7, 2008, the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 7, 2008 on the ground of the sale on April 7, 2008, as the receipt of No. 9028 on April 10, 2008 by the Seocheon District Court, Busan District Court, Seocheon Branch Office, and the Defendant C completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on December 2, 2008 to the Defendant B on December 1, 2008 on the ground of donation on December 1, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that KRW 33.5 million was the money borrowed from Defendant B, and the Plaintiff completed the registration of transfer of the first ownership of this case to Defendant C in order to secure the above loan. Therefore, the registration of transfer of the first ownership of this case constitutes security for transfer.

However, through the instant account, the Plaintiff repaid approximately KRW 52,540,000 to Defendant B, and repaid all of the instant loans worth KRW 33,50,000.

Therefore, Defendant B is obligated to perform the registration procedure for cancellation of ownership transfer registration of this case to Defendant C, and Defendant C is obligated to perform the registration procedure for cancellation of ownership transfer registration of this case to the Plaintiff.

B. The registration of the transfer of the first ownership of this case by the Defendants is about KRW 33.5 million.