1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) On July 22, 2005, the Plaintiff between the Plaintiff and the Defendant, as well as the five-story building located on the ground of Seo-gu Incheon, Seo-gu (hereinafter “instant building”).

) The sales contract to be purchased by the Plaintiff for KRW 6.1 billion (hereinafter referred to as “the instant sales contract”) is called the sales contract.

In concluding a special agreement, “(i) KRW 840,00,000 out of the purchase price is used for the repayment of obligations to D, E, F, and G on behalf of the Defendant, and provisional registration is completed in the name of the Plaintiff or the person designated by the Plaintiff for the two to five floors of the instant building as security for the said subrogated payment, etc. made by the Plaintiff. ② To transfer the ownership of the first floor of the instant building, the Plaintiff agreed to purchase the first floor of the instant building with the Defendant on July 10, 2005 to purchase the first floor of KRW 2,09,80,000,000 among the instant building from the Defendant on the same day. (ii) Accordingly, the Plaintiff prepared a real estate sales contract (Evidence No. 3) with the Defendant on July 10, 2005, and completed the registration of ownership transfer as to the part of the first floor of the instant building under the name of the Plaintiff.

3. On the other hand, on October 1, 2005, the Plaintiff entered into an agreement with the Defendant to modify the terms and conditions of the instant sales contract as follows. Based on such agreement, on October 10, 2005, the Plaintiff completed provisional registration on the second to fifth floors of the instant building in the name of the Plaintiff.

1. Of the obligations set up or recorded on the 2 to 5th floor of the instant building, the Plaintiff shall take over all the remainder of the collateral security obligations, provisional seizure, and seizure obligations, except for the obligations based on the decision of compulsory commencement of auction made by H and the Korea Industrial Partnership.

2. The Defendant sold 2-5 floors in the purchase price of KRW 4 billion in accordance with the instant sales contract, and prepared a pre-sale agreement and completed provisional registration prior to the registration of transfer.

3. The Plaintiff shall pay the Defendant KRW 90 million in addition to the above purchase price.

4. The Plaintiff’s obligations under the above paragraph (1) are as follows.