1. The Defendant’s KRW 26,778,083 as well as the Plaintiff’s annual rate of 5% from March 8, 2012 to June 24, 2016.

1. Circumstances leading to the dispute of this case;

A. On September 12, 2008, the Plaintiff borrowed KRW 20,000,00 from the Defendant as of December 12, 2008, the due date for payment, and the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) under the Defendant’s name on September 16, 2008 with respect to the land partitioned into C, D, E, F, and G on February 16, 2012, which was owned by the Plaintiff for the purpose of securing the said loan amount (the said land was divided into C, D, E, F, and G on February 16, 2012).

B. However, without undergoing the liquidation procedure under Articles 3 and 4 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”), the Defendant completed on November 27, 2008 the ownership transfer registration based on the provisional registration of this case on November 26, 2008 in the name of the Defendant (hereinafter “instant ownership transfer registration”).

C. Accordingly, the Plaintiff asserted that the Defendant should implement the procedure for registration of cancellation of ownership transfer registration of the instant case against the Plaintiff, and filed a lawsuit against the Defendant for cancellation of ownership transfer registration under the court 2012Kadan2024, and filed an application for provisional injunction against disposal of real estate against the land before subdivision under the court 2012Kadan411.

On February 23, 2012, the court accepted the Plaintiff’s application and decided to prohibit the provisional disposition of real estate. The land prior to subdivision was already partitioned on February 16, 2012, which was prior to the said provisional disposition and completed the registration of subdivision, and only on February 24, 2012, the execution of the said provisional disposition was completed, and the remaining land D, E, F, and G (hereinafter “B”) did not execute the said provisional disposition.

In the lawsuit of cancellation of ownership transfer registration filed by the plaintiff, this court shall set forth in the Provisional Registration Security Act.