1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff sought an amount of KRW 544,138,846, or a fine of KRW 370,000,000,000,000, either selectively, and the first instance court dismissed all of the Plaintiff’s claims.

In regard to this, it is clear that the plaintiff filed an appeal only for the part of the claim for a penalty, and therefore, the subject of adjudication in this Court is limited to the claim for a penalty penalty.

2. Basic facts

A. Before October 2006, the subcontract and money transaction C subcontracted to the Defendant at KRW 675 million for the work cost, excluding the civil engineering works, among the construction works for new construction of housing units on the ground of Gyeonggi-gun and four parcels of land outside Gyeonggi-gun. In order to raise funds necessary for the said new construction works, the Defendant borrowed KRW 10 million on November 7, 2006, KRW 20 million on December 6, 2006, and KRW 100 million on January 16, 2007, respectively.

B. (1) During the process of completing the provisional registration of this case, C was the owner of 90/100 shares out of the real estate listed in the separate sheet (hereinafter “the instant real estate”). The Defendant demanded C to make a provisional registration of the Defendant’s name with respect to the instant real estate on September 2008 in order to secure the claim for the construction price, etc., and C transferred to the Defendant the provisional registration of the Defendant on July 14, 2008 as to the instant real estate in order to secure the obligation for the construction cost amounting to approximately KRW 420,000,000 to KRW 420,000,000,000,000 from the Hongcheon District Court, Hongcheon Registry Office, 208, the provisional registration of the claim for transfer of all shares (hereinafter “the provisional registration of the Plaintiff’s name”). The “shares” in this context was transferred to C’s Defendant,

(2) In the process, C promises on September 3, 2008 to pay the amount of the construction cost, etc. to the Defendant by January 15, 2009, and to implement the provisional registration established on the instant real estate as the principal registration in the event that the full payment is not possible by the said date.

Provided, That January 15, 2009