1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Defendant’s Lday Rental Contract 1) around January 2003, the Defendant leased part of the part of the underground 1st floor of the D Center located in the D Center from D to December 31, 2004 by the deposit amount of KRW 200 million, monthly rent of KRW 500,000,000, and the lease deadline of December 31, 2004, and “L” (hereinafter “L”).

H (other name as a U.S. national) whose operations have been conducted by opening the business is M.

2) Article 9 of the lease agreement provides that “The lessee may not transfer or sublease the leased property to a third party without the lessor’s consent, nor allow the third party to use the leased property without the lessor’s written consent.”

B. On October 18, 2003, the Defendant entered into a contract of sale and purchase. Around October 18, 2003, the Defendant’s agent J (the head ofC and the actual owner of the instant real estate, who was the owner of the instant real estate, followed all the legal acts in the following name C.

2) The sum total of F and parts of F and its ground Nelel and G (hereinafter referred to as “instant real estate”) in the name of the Incheon Spole-gun and C, and of these lands and buildings

(1) A sales contract is to purchase KRW 1.6 billion and succeed to L’s lease deposit amounting to KRW 250 million, KRW 390 million, and KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 (hereinafter “the first sales contract”) (hereinafter referred to as “the sales contract”).

A) Upon entering into a contract, C: (a) paid 10 million won out of the down payment on the date of the contract; and (b) paid 50 million won out of the remainder within the several days; (c) however, the J did not additionally pay 20 million won after the date of the contract; (d) thereafter, on October 2003, the J prepared a sales contract (hereinafter “the second sales contract”) with the same content as the first sales contract (hereinafter “the second sales contract”) in substitution for the first sales contract, except for the change of the buyer to I (the first person’s fluor, for all legal acts in the first name) for the buyer.