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. The Defendant sold the instant building to the Plaintiff on April 21, 2005, which is a state-owned land of Seongbuk-gu Seoul Special Metropolitan City (hereinafter “instant building”). On the other hand, the Defendant entered into an agreement with the Plaintiff that “The sale and purchase of the instant building is necessary for the administrative procedure to make the said state-owned land unusable, so at the same time the Plaintiff’s sale and purchase of the instant building is not a state-owned land, and simultaneously returned the name of the owner on the building management ledger without permission of the instant building to the Defendant at the same time, and if the process of the said administrative procedure is not smooth, the Defendant entered into the agreement that “the owner on the building management ledger of the instant building without permission shall re-transfer the name of the owner on the building to the Defendant” (hereinafter “instant agreement”).

B. On February 6, 2006, pursuant to the instant agreement, the Plaintiff changed the name of the owner on the ledger for the management of an unauthorized building of the instant building to himself, and on March 7, 2006 and September 6, 2006, the Plaintiff returned the lease deposit amount of KRW 30 million and KRW 22 million to D and E, who leased each part of the instant building from the Defendant, respectively.

C. However, the Plaintiff sold the instant building to F on January 17, 2008 in violation of the instant agreement with the Defendant and changed the name of the owner on the unauthorized Building Management Book of the instant building to F on March 19, 2009.

Accordingly, the Defendant filed a criminal complaint against the Plaintiff on the charge of embezzlement, and the Plaintiff was sentenced to imprisonment for one year and two months with prison labor for embezzlement, etc. from the Goyang branch of the Jung-gu District Court on March 19, 2010 (Jan District Court Decision 2009Dadan2060, 2010Kadan85 (merged)), and the above judgment became final and conclusive on July 10, 2010 as the Plaintiff’s appeal was dismissed.

After that, the defendant filed a lawsuit against F to seek the cancellation of the name of the owner on the building management ledger without permission of the building of this case and received a favorable judgment (Seoul Central District Court 201Na4857) on July 5, 2011, and the above judgment is F.