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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. On June 16, 2008, D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a sales contract with Co-Defendant B of the first instance trial (hereinafter “B”), with the purport that “B shall pay 200,000,000 won as down payment and intermediate payment pursuant to the above sales contract and to pay 200,000,000 won to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) in the lawsuit claiming the cancellation of ownership registration (2008, 5564, the Suwon District Court 2008, which was transferred to Suwon District Court on March 18, 2008; hereinafter “the lawsuit in this case”) to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) to the effect that “B will transfer ownership of the land in Gyeonggi-gun E 491,504 square meters (hereinafter “the land in this case”). On July 15, 2008, Nonparty Co. 200 and Nonparty 2 lost the agreement in this case’s lawsuit.”
B. On July 15, 2008, the non-party company borrowed KRW 200,00,000 from the plaintiff for the payment of the down payment and intermediate payment, and entered into an agreement between the plaintiff and the plaintiff that "if the non-party company won the lawsuit in this case, the non-party company shall transfer 20,000 of the land in this case to the plaintiff instead of the agreed rent, and if the court of first instance lost the lawsuit in this case, the non-party company shall receive the principal and interest of KRW 200,000,000 that the non-party company shall return to the non-party company, and if the defendant who is the representative director of the non-party company established a right to collateral security on the non-party apartment 37,804, Songpa-gu, Seoul (hereinafter "the apartment in this case") and the non-party company did not perform the above obligation, the non-party company's representative director shall jointly and severally be liable for the defendant (hereinafter "the agreement in this case").
C. According to the instant agreement, the Seoul East Eastern District Court (Seoul Eastern District Court No. 48893, Jul. 15, 2008; 240,000,000 won with respect to the instant apartment, and the debtor, the defendant, and the mortgagee.