1.The judgment of the first instance shall be modified as follows:

All of the claims of the Plaintiff (Appointed Party) are dismissed.

2...

1. Basic facts

A. On September 13, 2004, the Plaintiff and the Selection acquired each of the 1/2 shares among the 1/2 shares among the 1/101 and 102 shares of the first floor of the F apartment underground in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and the second floor non-201, and 1/202 shares of the 2nd floor of the second underground.

B. On November 19, 2008, the Plaintiff and the Appointor donated the instant private house Nos. 103 and Nos. 104 (including the instant private house portion; hereinafter referred to as “the instant private house, etc.”) on the ground of the instant private house and the said F apartment underground, to the HU’s HU to the HU (hereinafter referred to as the “HU”) of the GU. H. HU and the “HU” agreed to the effect that: (a) the instant private house’s collateral obligation is adjusted and cancelled by November 30, 2008; (b) one bank’s debt owed to the instant private house, etc.; and (c) the period during which the ownership transfer was cancelled, and (d) the obligation is cancelled by not more than KRW 2.5 billion, and (e) the obligation is settled by not more than KRW 2.5 billion.”

C. On February 2009, the Plaintiff and the Appointor drafted an agreement with Defendant C (hereinafter “instant agreement”) on the following terms and conditions: (a) the H conference failed to implement the said agreement; and (b) the Plaintiff and the Appointor drafted a written agreement with the Defendant C.

1) Defendant C will succeed to the rights and obligations of the existing HJs (J) and K with respect to the instant friendships, etc. as they are. (2) Defendant C has to transfer the rights and obligations of the Plaintiff and the selector, by March 30, 2009, with respect to the instant friendships, etc., and first suspend the auction procedure.

3) When violating the above paragraph, Defendant C pays KRW 300 million to the Plaintiff and the Selection. D. Defendant C completed the registration of ownership transfer on August 14, 2009, according to the instant agreement. Defendant C voluntarily decided to commence the sale of ownership of the instant friendship (Seoul District Court High Court High Court High Court High Court Decision 2009Da3350, May 14, 2009).