1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. 1) The Plaintiff is a 326 household unit of the voice C apartment (hereinafter “instant apartment”) on eight parcels, other than the voice-gun B, Chungcheongbuk-gun, and 8.

D Co., Ltd. (hereinafter referred to as “D”) around June 2004, when promoting and selling a new project

(2) On November 2004, the Plaintiff entered into a housing sale guarantee contract with the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) on the apartment of this case and its site, etc. in preparation for the case where the Plaintiff could not perform the sales contract to the buyer of the apartment of this case. In addition, the Plaintiff entered into a trust contract with regard to the apartment of this case and its site, etc., and entered into a housing sale guarantee contract with the content that the guaranteed amount should be borne by the Plaintiff as the prospective occupant when the Plaintiff becomes unable to perform the sales contract by setting the guaranteed amount as the prospective occupant.

3) However, E, the representative director of the Plaintiff, when it had low performance of the apartment of this case and had a pressure to pay funds, it had on behalf of the Plaintiff, F, a broker around May 2005, sold 101 and 1403 of the apartment of this case to G at a discount of 70,000 won at a discount of 122,480,000 won from the initial sale price, and received 70,000,000 won from G on May 9, 2005 as its sale price and received 101,1404 of the apartment of this case from G on July 16, 2005, and received 70,000,000,000 won from each of the newly constructed apartment of this case to G on July 16, 200, D had completed the registration of ownership transfer as to each of the newly constructed apartment of this case on July 206, 206.