1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On October 14, 2004, the Plaintiff entered into a contract with the Defendant to sell to the Defendant the purchase price of KRW 243 billion (the contract amount of KRW 90 million, the intermediate payment, and the occupancy price of KRW 153 million) of Seodaemun-gu Seoul Metropolitan Government No. 301 (hereinafter “instant real estate”).

In addition, on September 20, 2005, the Plaintiff and the Defendant drafted a performance agreement on the instant real estate to the effect that “where the Defendant acquires ownership, the Plaintiff shall set up the right to collateral of KRW 153 million with the maximum debt amount, and if the ownership is transferred to the person designated by the Plaintiff, the Plaintiff shall set up and grant the right to collateral of KRW 100 million with the maximum debt amount to the Defendant (hereinafter “instant performance agreement”).

On the other hand, on November 4, 2005, the registration of ownership transfer was completed on the part of the defendant's name (the registration of provisional disposal of G name was completed on the same day) and on the 14th day of the same month, the registration of ownership transfer was completed in the name of the maximum debt amount of KRW 110 million, in the name of D on the 14th day of the same month, at the same time as the registration of ownership transfer was revoked on December 30 of the same year.

[Grounds for recognition] The plaintiff's assertion by the parties concerned as to the plaintiff's assertion that Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 2, and Eul's purport of pleading as to the whole. The defendant agreed to set up a collateral security right of KRW 153 million to the plaintiff for the remaining intermediate payments except the down payment under the contract for the supply of the sale and purchase of the real estate in this case and the maximum debt amount for the security for occupancy charges. On Dec. 30, 2005, upon completing the registration of transfer of ownership to D at will on Dec. 30, 2005, the plaintiff lost an intermediate payment and occupancy payment to the defendant, or a security right equivalent thereto. The defendant agreed to pay the plaintiff at the above KRW 153 million to the defendant's office at the Changdong-dong branch of the National Bank of Korea by November 28, 2005.