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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C On January 19, 2005, between the Defendant and the Defendant, purchased the land and buildings in Yongsan-gu Seoul Metropolitan Government D in Yongsan-gu in Seoul, with the purchase price of KRW 3.277 billion, and paid the amount excluding attachment and provisional attachment, creation right of collateral security, provisional registration, and obligations of C not publicly announced as of the date of the contract.
B. The reduction of and exemption from KRW 92,452,631 out of the debt owed to C to the Korea Asset Management Corporation by the letter of a request for debt approval, adjustment and undertaking (hereinafter “instant undertaking”) prepared as a proxy of C on April 14, 2005 (hereinafter “instant undertaking”) was approved, and the contents of the undertaking are as follows.
(1) As of April 14, 2005, I approve that the amount of debt to your company C is KRW 135,341,156 as of April 14, 2005, and that there is no property in the current public record, and if you redeem KRW 45,00,000 according to the standards set by your company, I would no longer exercise the right to claim the remaining amount of debt.
(2) If any property other than the above property previously owned prior to the request for debt settlement is discovered and the contents of debt settlement are automatically null and void, the principal will make a voluntary repayment of the amount obtained by subtracting the amount already repaid from the amount of debt at the time of the initial approval of debt settlement calculated including the property newly discovered according to the standards set by your company. If the principal fails to repay it, he will not raise an objection, such as sub-payment, against the remaining amount of debt (the amount obtained by subtracting the amount already repaid from the amount of debt prior to the approval of debt settlement) of the principal’s claim.
C. On May 23, 2005, C completed the registration of ownership transfer for the reason of sale on June 28, 1996 with respect to FJ 295 square meters (hereinafter “instant land”). On the same day, C’s mother G, a gift, is registered.