1. The part against the defendant in the judgment of the first instance is revoked.

2. As to the real estate stated in the attached Form to the Plaintiff.

1. Determination on the cause of the claim

A. The following facts are acknowledged based on the following facts: Gap evidence 1 to 4-2, Gap evidence 6, 7, 9, 12, and Eul evidence Nos. 2 and the purport of the whole pleadings.

(1) On October 31, 2007, the Plaintiff borrowed 10,000,000 won from the Defendant at the interest rate of 36% per annum, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) as of November 1, 2007, in order to secure the above loan obligation, as to the real estate indicated in the attached Form, the Plaintiff owned by the Plaintiff, the Ulsan District Court, Ulsan District Court, as the receipt of No. 84597, Nov. 1, 2007.

(2) The Plaintiff received KRW 8,400,000 from the Defendant, which deducts the above KRW 300,000 interest per month among the above KRW 10,000,000 and the fees and the expenses for provisional registration of this case.

(3) The Plaintiff repaid to the Defendant KRW 300,000 on December 1, 2007; January 2, 2008; February 29, 2008; March 31, 2008; April 30, 2008; May 29, 2008; and KRW 300,000 on June 30, 2008; and KRW 5,150,000 on July 31, 2008; and KRW 150,000 on August 29, 2008.

(4) On July 27, 2012, the Plaintiff returned to the Defendant’s domicile in order to repay the remainder of the loan to the Defendant, but the Defendant had already become a director and could not reach the Defendant, and thereafter, the Defendant’s domicile is unknown until now.

(5) On February 16, 2015, the Plaintiff deposited KRW 6,236,850 on the ground that the Defendant’s address, a creditor, is unknown, and thus, constitutes a case where the Defendant is unable to receive reimbursement.

(6) The Plaintiff paid 196,420 won on behalf of the Defendant, among national taxes in arrears to Korea.

B. The plaintiff asserts that since he fully repaid the borrowed money to the defendant, the defendant is obligated to perform the procedure of cancellation registration of the provisional registration of this case completed for the purpose of securing the above borrowed money obligation.

(1) As seen earlier, the Defendant’s deduction of KRW 300,000 as interest per month out of KRW 10,000,000 from the loan amount of KRW 10,000 shall be made on the basis of the former Interest Limitation Act.