1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned C. The registration of ownership transfer was completed on January 12, 2006 in the name of the heir of C, including the Plaintiff, who was the Republic of Korea on March 14, 2006, on the ground of inheritance on January 12, 2006.

B. On November 22, 2006, Korea Bank Co., Ltd. filed an application for voluntary auction with respect to the instant real estate and rendered a decision to commence voluntary auction.

C. On October 10, 2007, D, who was the highest bidder at the above auction procedure, paid the sale price of KRW 203,700,000, and completed the registration of ownership transfer in its name on the same day. On October 10, 2007, D’s deposit and mother’s mother’s deposit and D’s loan received from Kimcheon Central Saemaul Depository (mutual name before the change: Yongho Saemaul Depository) as security on the instant real estate.

D on October 10, 2007, in order to secure a loan obligation to the above credit cooperative on the real estate of this case, D was the debtor with respect to the real estate of this case, and completed the registration of creation of a mortgage over the maximum debt amount of KRW 182,00,000 with the above credit cooperative as the mortgagee.

E. D, upon receiving an application from the Plaintiff for a real estate delivery order against the Plaintiff, seeking the delivery of the instant real estate to the Seogu District Court Seo branch F, the execution of the real estate delivery order was commenced under the above court 2008No457, and the Plaintiff filed an immediate appeal against the above delivery order.

F. On March 18, 2008, the Plaintiff drafted a written agreement with E, stating that “D shall complete the procedure for the registration of ownership transfer with respect to the instant real estate by April 30, 2008, and the Plaintiff shall take over D’s obligations of loans to the Yongsan Saemaeul Community Treasury, and the remainder of the successful bid price shall be settled at the same time as the loan was made later, and the application for an order to deliver the auction real estate and the immediate appeal shall be withdrawn respectively (hereinafter “instant agreement”).