1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is the owner who newly built eight households of Dayang-si land (hereinafter “instant land”) on the ground (hereinafter “instant loan”). The Plaintiff has a claim for the construction price of KRW 570,140 million against C in relation to the instant new loan construction project.

B. The Defendant received KRW 100,000,000 in the intermediate payment of KRW 40,000 and KRW 100,000 in the security deposit under the instant loan E

(2) The sales price of this case shall be KRW 10 million and KRW 40 million (hereinafter referred to as “instant sales price”).

On November 14, 2017, the Plaintiff, Defendant, and C drafted the following agreements (hereinafter “instant first agreement”).

1. The obligor C promises to the obligee (Plaintiff) to use the entire amount (including contract money and intermediate payment) of the sale price (including all the five-story units and the first-class household units G) of three households (the second-class household units and the second-class household units) already sold on the instant loan, as the top priority to the cancellation of the right to collateral security established on the site of the instant loan (including contract money and intermediate payment) (the order of cancellation among several collateral security established shall be in the order of the obligor’s interest);

2. The obligor C promises to provide the obligee with the payment of the sales price (including contract money and intermediate payment, but excluding the sales agency fee of five million won) of five units unsold in lots, except for three units already sold among the instant loan loan, to the obligor C, immediately upon receipt of the sales price for the remaining units unsold in lots (including contract money and intermediate payment, but excluding the sales agency fee of five million won).

3. The obligor C confirmed all three parties (Plaintiff, Defendant, and C) who granted the obligor C’s right to directly repay the obligation attached to the obligor C’s obligee (Plaintiff) with the sale price of five household units unsold in lots, and the right to directly repay the obligation attached to the obligor C’s obligee (Plaintiff) to the Defendant.

On November 17, 2017, the Plaintiff, Defendant, and C drafted the following agreements (hereinafter “instant second agreement”).

1. The debtor (C) against the land of this case.