1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On April 5, 2006, the Defendant completed the provisional registration of the right to claim a transfer of shares (hereinafter “provisional registration of this case”) on the instant real estate owned by the Plaintiff (the name before the opening of the name on March 12, 2012 is C) on April 4, 2006 due to the purchase and sale reservation on April 4, 2006.

On April 3, 2006, the depositor borrowed KRW 70 million from the deposited person, and decided to repay the deposited person KRW 70 million by October 30, 2008, but failed to repay the deposited person, and tried to provide it in reality by preparing KRW 70 million, but the deposited person refuses to accept the deposit and makes payment.

B. On March 8, 2010, D deposited the Defendant as the principal deposit with the Suwon District Court Branch No. 2010No. 893, the principal deposit of KRW 70,000,000, and the reasons for the deposit are as follows.

C. On March 15, 2010, the Defendant reserved an objection and paid the said deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The defendant asserted on April 3, 2006 lent KRW 70 million to D on October 3, 2008, setting the due date for repayment to D on October 3, 2008. The same month to secure the above loan claims.

4. Upon completion of the provisional registration of this case, D deposited KRW 70 million with the Defendant as the principal deposit on March 8, 2010.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

3. If the deposit for repayment is valid, it is essential that the payment for all of the obligation is provided and the deposit for all of the obligation is made, and the deposit for part of the obligation is not effective as to that part. However, if the obligee expresses his intention of reservation that the deposit be appropriated for part of the obligation, and receives it, the deposit shall be appropriated for the part of the obligation.

(see, e.g., Supreme Court Decision 96Da14616, Jul. 26, 1996). The provisional registration of this case was completed to secure D’s obligation to borrow loans.