1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. The following facts are acknowledged according to the facts acknowledged as Gap evidence 1-1, 2, 2-2, Eul evidence 2-2, Eul evidence 2, Eul's testimony and the purport of the whole pleadings by the witness C:

A. The Plaintiff entered into a credit guarantee agreement with the Plaintiff, a corporation, and B jointly and severally guaranteed the obligation to be borne by the said company to the Plaintiff according to the said credit guarantee agreement.

Along with the loan granted from the Industrial Bank of Korea on August 17, 2007 under the above credit guarantee, the Plaintiff paid the loan amount of KRW 33,283,064 to the Industrial Bank of Korea on October 19, 207 under the above credit guarantee contract.

B. Meanwhile, in the auction procedure on January 11, 1997, B acquired the ownership by winning a successful bid for the building indicated in the separate sheet (hereinafter “instant building”), and borrowed KRW 35 million out of the successful bid price from the Defendant, and thereafter, it was necessary to lease the instant building to C who is the former owner of the said building and return the lease deposit amount of KRW 18.5 million upon termination of the lease. However, upon the Defendant’s claim against C, B was issued a seizure and collection order regarding the claim for return of the lease deposit against C.

B borrowed KRW 3 million from the Defendant and paid KRW 3 million to C as a director fee.

B As can be seen, the Defendant had the ownership transfer registration completed on October 14, 1998 on the ground of the pre-sale agreement on October 13, 1998 (hereinafter “the provisional registration of this case”) and on October 20, 2009 on October 9, 2009, on the ground that the ownership transfer registration was completed on October 9, 2009, by bearing the Defendant with a total of KRW 56.5 million on the basis of the Defendant’s repayment of the debt amounting to KRW 56.5 million.

(hereinafter “this case’s principal registration”) No. 2. argument and judgment

A. (i) The plaintiff's primary claim is judged. (ii) The plaintiff's primary claim is the cause of the principal registration of this case. (iii) October 20, 2009.