1. The instant lawsuit shall be dismissed.

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

Facts of recognition

The plaintiff is a company established for the purpose of interior construction business, soil construction business, etc., and D died after 2019.

As the plaintiff's auditor, he/she was in charge of advisory and business of the plaintiff company.

On April 3, 2012, “the Defendant and two other parties” entered into a sales contract with respect to the instant land, H, I, J, K, and the co-owner of the E, F, and G land (hereinafter “instant land”), with the purchase price of KRW 1.4 billion, the down payment of KRW 140 million, and the remainder of KRW 1.26 billion, and the remainder of KRW 1.26 billion (hereinafter “instant sales contract”). At that time, the Defendant paid the down payment to the said seller.

On May 18, 2012, the Plaintiff and the Defendant jointly purchased the instant land (hereinafter referred to as “instant confirmation”) as follows. On the same day, the Plaintiff written a written confirmation to the seller H, which is KRW 240 million, KRW 10 million to I, KRW 240 million to J, and KRW 200 million to K: The instant real estate is indicated as “C”, a name prior to the Defendant’s name.

Although the plaintiff and the plaintiff jointly purchase, it is true that the registration under the name of the defendant is not made in the name of the corporation due to the relationship between a part of real estate as farmland and that the registration is made solely in the name of the defendant, and that the registration of creation of a collateral security on the above real estate is made as security for the purchase price

On May 18, 2012, the above buyer paid a sum of KRW 700 million, including KRW 120,000,000,000 to the representative director L (person) of the Plaintiff.

On August 1, 2012, the Defendant: (a) established a collateral on the instant land with a maximum debt amount of KRW 1 billion; (b) loaned KRW 800 million to H, etc.; and (c) paid the remaining purchase and sale amount of KRW 560 million to H, etc.; and (d) completed the registration of ownership transfer for the instant land under the Defendant’s name on the same day.

The defendant is "N" (N) on November 29, 2012.