1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On June 24, 2005, the Defendant purchased 6,893 square meters prior to E from D on June 24, 2005 as price for KRW 156,000,000 (hereinafter the above land is referred to as “instant land”; and paid KRW 20,000,000 as the down payment on the day of the sale; the intermediate payment was paid KRW 50,000 on July 15, 2005; and the remainder payment was paid KRW 86,00,000 on August 15, 2005.

B. On July 18, 2005, the Defendant paid KRW 50,000 to the Plaintiff. Around that time, the Defendant drafted a written confirmation (hereinafter “the first written confirmation”) stating that “the Plaintiff’s share of KRW 30%; KRW 70,000,000 for down payment and intermediate payment KRW 30%; KRW 21,00,000.” (hereinafter “the first written confirmation”). The Defendant completed the registration of ownership transfer of the instant land on September 8, 2005, on the other hand, entered the instant land as sales on July 28, 2005, but the cause for registration was 3,68,000 for the remainder of KRW 40,000 for the Plaintiff’s agent’s total amount of KRW 3,60,000 for acquisition tax and registration tax, and KRW 300,000 for the Plaintiff’s remainder of KRW 60,300,000 for the Plaintiff’s 206,3006,5.

E. However, on September 22, 2005, the Defendant created a right to collateral security (i.e., the maximum debt amount of KRW 84,000,000 with respect to the instant land (i.e., the increase of KRW 126,00,000 on June 28, 2006) with respect to the instant land, without any doubt from the Plaintiff, while obtaining a loan from the Pakistan Agricultural Cooperative. Accordingly, the Plaintiff thereafter returned the amount of KRW 47,90,40 in total on the first and second written confirmation (i.e., the amount of KRW 21,00,000,000, KRW 26,900,400, and KRW 400 in total) to the Defendant.