1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The appeal shall be filed with respect to the costs of appeal.

1. Basic facts

A. On or around September 2007, the Plaintiff requested the Defendant’s Intervenor to sell and request the sale of the real estate indicated in the attached list (hereinafter “instant real estate”). He heard from the Defendant’s Intervenor that the Defendant’s Intervenor requested the buyer to provide a security for the return of the purchase price, etc. in preparation for the case where the land transaction application and the change of land category into the site for a land transaction permission is denied in the area where the land transaction permission is located, and he provided the Defendant’s assistant with the documents necessary for the establishment of a collateral.

B. Around September 8, 2007, the Defendant’s assistant intervenor entered into a sales contract (Evidence No. 2; hereinafter “instant sales contract”) with the Defendant to sell the instant real estate in KRW 95 million (a contract amounting to KRW 10 million on the date of the contract, and the remaining KRW 85 million on September 10, 2007) at the place where E, the Defendant, the Defendant’s wife, and the Defendant’s wife on behalf of the Defendant were present, and on September 8, 2007, the Plaintiff entered into a sales contract with the Defendant to sell the instant real estate in KRW 95 million (hereinafter “instant sales contract”).

At the bottom of the instant sales contract, “D” and “F” were indicated as agent, and only one copy of the application for the establishment of collateral security was attached thereto.

C. On September 7, 2007, the Suwon District Court rendered a 140310,000,000 won with respect to the instant real estate, and the registration of creation of a mortgage to the mortgagee of the collective security (hereinafter “instant collective security”). D. The establishment of a mortgage to the mortgagee of the collective security (hereinafter “instant collective security”).

The Defendant paid the purchase price of KRW 95 million to the Defendant’s agent F from September 8, 2007 to November of the same month.

On September 11, 2007, the F sent KRW 7,230,000,000 to the account of E, after deducting KRW 15 million, such as commission, from the above purchase price, from Defendant Intervenor and E, and KRW 1,30,00,000 to the Defendant Intervenor’s supplementary account on September 12, 207.

E receives 7,230,000 won as above, and on the same day, the Defendant’s supplementary intervenor’s personal debt repayment amounting to G, 50,000 won.