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. Facts of recognition;

A. On February 1, 2006, B entered into a contract with the Plaintiff for the parking lot of KRW 2,940 square meters and its ground facilities located in C and D during the period from March 15, 2006 to December 31, 2006, with regard to the parking lot of KRW 79,327,000, each contract amount (B’s annual amount to be paid to the Plaintiff) and the contract amount of KRW 79,327,000, and thereafter, B did not pay part of the contract amount to the Plaintiff. Even after the said contract term expires, B occupied and used the said parking lot until March 5, 2008.

B. Accordingly, on February 20, 2013, the Plaintiff filed a claim against B for the return of unjust enrichment arising from the continued possession and use of the said parking lot after the contract period expires and the contract period of the Seoul Central District Court 2012Ga35496, and on February 20, 2013, the Plaintiff was sentenced to the judgment that “B shall pay the Plaintiff 5% interest per annum from September 29, 2012 to February 20, 2013, and 20% interest per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

C. On the other hand, on October 5, 2012, B entered into a promise to sell and purchase real estate (hereinafter “instant promise”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”), and on the same day, B completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) with respect to the instant real estate as the receipt No. 92190 on October 5, 2012 by the Government Registry of the District Court’s District Court.

B as of October 5, 2012, not only the instant real estate, but also the land of 119 square meters in Incheon Reinforcement-gun E (hereinafter referred to as “satisfy-gun land”). On March 16, 2012, the registration of the establishment of a mortgage for the debtor B, mortgagee F, maximum debt amount of 60,000,000 was completed on March 16, 2012.

E. Real estate located in the same area as the instant real estate is traded in KRW 50,000,000 around January 2012.