1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 24, 2009, the Plaintiff entered into a contract with C to sell 4,690 square meters of D Forest, 650 square meters of 6,050 square meters of 7,000 square meters of 6,050 square meters of 7,000,000 won of 1,357,000 won of 1,360 square meters of D Forest, 496 square meters of F Forest, 496 square meters of 165 square meters of 165 square meters of 7,000,000 won of 49,000,000 won of H road (hereinafter “each of the instant land”), with C to sell 1,100,000 square meters of 1,95,000 won of the total purchase price of the instant land, and agreed to cooperate in the procedures necessary for the construction of factories and neighborhood facilities by C.

B. On September 23, 2010, C filed an application for a loan of KRW 1.55 billion with the Defendant Gyeongnam Bank Co., Ltd. (hereinafter “Defendant Bank”) to raise the balance of the above sales contract, and obtained approval for a loan from the Defendant Bank on September 30, 2010.

On September 30, 2010, the Plaintiff implemented the registration procedure for transfer of ownership in the name of C with respect to the instant land divided into land and merged with C. On September 30, 2009, the Defendant Bank completed the registration of creation of a neighboring mortgage with respect to the instant land in the form of KRW 1.86 billion with respect to the maximum debt amount, and KRW 1.5 million with respect to the instant land to C, and loaned KRW 1.5 billion to C.

(hereinafter referred to as “instant loan”) . [Grounds for recognition] . Each entry of Gap evidence 1, 2, and 5, and Eul evidence 1 through 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination

A. The gist of the Plaintiff’s assertion C withheld the payment of the remainder of KRW 450 million out of the purchase price in order to secure various damages that may arise in the course of land category change to use the instant land as a factory, permission for the construction of a factory, and construction works, and had the Defendant B, a person in charge of the loan of the Defendant Bank, keep the remainder in custody.

The Defendant Bank balance the remainder of 450 million won by deceiving the Plaintiff without the Plaintiff’s consent, even though there is no provision that the Defendant Bank shall not return the remainder to C.