1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Jiro Construction Industry Co., Ltd. (hereinafter “Giro Construction”) contracted a new construction project to C Co., Ltd. (hereinafter “C”) for the Masan-2 dong 421-1 above-ground Jinna-1 (hereinafter “instant apartment”).

C On June 25, 2002, the Corporation subcontracted the unused, sculpture, and waterproof construction to D Co., Ltd. (hereinafter referred to as “D”) during the foregoing construction, and agreed to substitute part of the construction cost with the payment in lieu of three bonds among the above apartment buildings.

B. The Plaintiff, a real management owner of D, requested E, a representative director of C during the construction process, to have the above apartment bonds borrowed as collateral, and E agreed to prepare a sales contract for the above apartment bonds with the consent from Jiro Construction.

C. When the Plaintiff cannot obtain a direct loan from the bank due to credit problems, the Plaintiff sold one bond out of the above apartment bonds to the Defendant and received a loan in the name of the Defendant. On December 10, 2002, the Plaintiff prepared a sales contract to sell the apartment of this case to the Defendant, and on December 16, 2002, prepared and issued a sales contract to sell the apartment of this case to the Defendant at the Plaintiff’s request on December 16, 2002.

On December 20, 2002, the defendant submitted the above sales contract to the National Bank of Korea Co., Ltd., and received loans of KRW 66,500,000, and delivered the above money to E again.

E. The apartment of this case is completed, and on June 10, 2003, the registration of preservation of ownership has been completed in the future of Jidong Construction, and on June 23, 2003, the plaintiff sold the above apartment to F in 126,000,000 won as the defendant's agent, and F transferred the down payment of KRW 13,000,000 to D's account at the request of the plaintiff on the date of the contract.

F. Mai Construction refers to F on June 30, 2003 at the Plaintiff’s request.