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. On November 21, 2006, between the Defendant and the Defendant, the purchase price of KRW 241 million is KRW 887,000,000,000,000 for Gangseo-gun C, Gangwon-do (hereinafter “instant land”); however, the down payment of KRW 141,00,000,000 is paid at the time of contract and the intermediate payment of KRW 100,000,000 was paid at the time of contract and the Defendant entered into a sales contract with the Defendant to succeed to the secured obligation against the deemed community credit cooperatives established as collateral security (hereinafter “instant sales contract”).

B. Accordingly, the Defendant acquired the secured debt of KRW 95 million (the secured debt balance at the time of acquisition) against the secured community credit cooperative (the secured debt balance at the time of acquisition) on the instant land. On December 1, 2006, the Defendant completed the registration of transfer of ownership based on a sales contract as to the instant land and the registration of change of the debtor’s right to collateral security based on the acquisition of the contract as of November 21, 2006.

C. The Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court Decision 2007Kadan137148 on the claim for the payment of the remaining purchase and sale amount of KRW 24 million (=200 million in purchase and sale amount of KRW 241 million - the collateral security obligation that the Defendant acquired by the Defendant - KRW 95 million in the purchase price received by the Plaintiff - KRW 122 million in the purchase price received by the Plaintiff). The above court rendered a judgment dismissing the Plaintiff’s claim by recognizing that the Defendant paid the full purchase price of the instant land to D who introduced the instant land to the Plaintiff or the Defendant, and the above judgment became final and conclusive by a judgment dismissing the appeal

(6) The Plaintiff filed a lawsuit against the Defendant for the payment of KRW 24 million, on the ground that the Defendant had not received KRW 24 million out of the purchase price, by paying the purchase price to a third party, who is not a landowner, as Seoul Central District Court Decision 2011Da35092, and the Defendant filed a lawsuit for the payment of KRW 24 million. The said court rendered a judgment dismissing the Plaintiff’s claim that became final and conclusive, and the said judgment dismissed the Plaintiff’s claim.