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. The parties' assertion

A. The Plaintiff’s instant real estate was title trust to the Defendant by the Defendant’s father, and C, upon delegation from the Defendant, the title trustee, entered into a purchase and sale reservation agreement with the Plaintiff on April 10, 2008 (hereinafter “instant purchase and sale reservation agreement”), and completed the instant provisional registration in the name of the Plaintiff.

The Plaintiff exercised the right to complete the pre-sale agreement under the instant sales contract with the delivery of a duplicate of the complaint of this case. As such, the Defendant is obligated to implement the principal registration procedure of ownership transfer based on the instant provisional registration with respect to the instant real estate.

Meanwhile, from May 20, 2007 to March 20, 2008, the Plaintiff lent KRW 55 million to C. The Plaintiff agreed to cover a loan obligation owed by C to the Plaintiff, and then completed the provisional registration of this case in the future of the Plaintiff, and thus constitutes a provisional registration for security. Even if the provisional registration of this case is a provisional registration for security, the provisional registration of this case is not applicable because the value of the real estate of this case at the time of establishment of the provisional registration of this case is lower than the amount of the claim against C, and thus, the provisional registration of this case is not subject to the Provisional Registration Security Act (hereinafter “Additional Registration Security Act”). Thus, the Plaintiff may seek the Defendant to implement the procedure for ownership transfer registration based on the provisional registration of this case.

B. On March 26, 2003, the real estate of this case purchased part of the living expenses of approximately KRW 200 million paid by the Defendant to C and D, his parents, from 1998 to 2003, and the lease deposit money of the commercial building E of Busan Young-gu, Busan, with the purchase fund of KRW 35 million, and held the title trust to F, his parents.

However, F demanded the Defendant to recover the name, and completed the registration of ownership transfer on April 2, 2007. Ultimately, the instant real estate is real estate owned by the Defendant.

In addition, the plaintiff made the provisional registration of this case.