1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On April 26, 2005, C purchased 36 Nowon-computers from Lartbuk-computers in the amount of KRW 53,856,00,000 on the same day, and agreed to pay 20,000,000 of the price on the same day to pay 3,856,000 won within one week. On April 29, 2005, C tried to evade the performance of the obligation to pay the balance by departing from China to North China.

B. Accordingly, the Plaintiff, the representative director of the LAD, filed a complaint with C on the charge of fraud, and urged C to pay the debt to the Defendant, who is a female student of C, while pursuing the location of C.

Accordingly, on May 16, 2005, the Defendant agreed to transfer to the Plaintiff the amount equivalent to KRW 70 million at the market price of the Defendant’s possession to KRW 202,309,000,000,000,000,000,000 to KRW 30,000,000,000,000 (hereinafter “the instant real property”) (i) the amount of collateral security loan, the maximum debt amount of KRW 426,440,00,000,000,000,000,000,000,000 won, and

(hereinafter referred to as “water repayment agreement”). (c)

The Plaintiff did not perform the procedures for accepting the obligation with the discharge after the payment agreement was made in lieu of the Plaintiff, and the Defendant did not repay the secured loan obligation, and the Korean Bank, a mortgagee, applied for a voluntary auction on the instant real estate to the Jung-gu District Court Goyang Branch F on November 11, 2005.

In the above voluntary auction procedure, G purchased the real estate of this case in KRW 53,783,00 and paid in full the price on August 24, 2006. The execution court distributed KRW 16,00,000 to the lessee in the first order among KRW 52,240,107, the amount to be actually distributed on September 29, 2006. The execution court distributed KRW 162,50,00 to the Jung-gu Office, Busan Metropolitan Government, a person entitled to issue the pertinent tax, in the second order, KRW 162,50, and KRW 36,077,607 to the National Bank of Korea, a mortgagee, in the third order.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.