1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 6, 2005, the Plaintiff and the Defendant: (a) drafted a sales contract stating that “The Plaintiff shall sell to the Defendant the business rights of the Plaintiff, other than each land listed in [Attachment List Nos. 1 through 11], the ground property listed in [Attachment List No. 12, and the golf practice range operating with the Plaintiff’s business registration certificate under the Plaintiff’s name (land No. 191,720,000, and land property and business rights KRW 560,000,000. The seller shall transfer the ownership of the land on November 3, 2005, and the land property and business rights shall be owned by the buyer on July 6, 2005.”

[Ground of recognition] The plaintiff's ground of claim as to Gap evidence Nos. 3 and the purport of the whole argument was to newly construct and operate a golf practice range, the plaintiff purchased each land listed in the separate sheet Nos. 1 through 11 by borrowing KRW 248 million from C around December 2003 in order to newly build and operate a golf practice range, and newly construct a building, etc. listed in the separate sheet No. 12 on that ground with some funds from the defendant.

C Around May 25, 2005, the Plaintiff filed an application for provisional attachment against each real estate listed in the separate sheet in which the Plaintiff would not repay the above borrowed money, and on which May 25, 2005, the Plaintiff entered into an agreement with the Defendant to the effect that, in return for the Defendant’s financial support, the Plaintiff has divided one half of the money excluding the expenses after selling each real estate listed in the separate sheet (hereinafter “Agreement”). Since C filed a claim against the Plaintiff for a loan, C filed an application for a compulsory auction against each real estate listed in the separate sheet. Upon the winning judgment became final and conclusive, on June 30, 2005, the Plaintiff completed the registration of the claim for ownership transfer under the Defendant’s name as to each real estate listed in the separate sheet 1 through 11, and on July 6, 2005, the Defendant and “the Plaintiff shall take over each land listed in the separate sheet 1 through 111,720,000 won to the Defendant’s Defendant’s land price 1 and 200 million won.