1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On May 3, 2005, the Plaintiff prepared a sales contract with the Defendant and Sungsung-si to sell 1/2 shares of KRW 87,50,000,000,000,000,000 for KRW 2,316 square meters prior to C (hereinafter “instant land”). On June 21, 2005, the Plaintiff drafted a sales contract with the content that the Plaintiff would sell all shares of the instant land including the remainder 1/2 of the instant land to KRW 162,50,00,000,000,000.

(hereinafter referred to as the “each of the instant sales contracts” refers to the sales contracts under the said sales contracts.

On the other hand, as to the land of this case, the Suwon District Court Law No. 60209, May 10, 2005, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the debtor, the mortgagee, the defendant, and the maximum debt amount of KRW 200 million, and the registration of the establishment of a neighboring mortgage with the debtor, the mortgagee, the defendant, and the maximum debt amount of KRW 200 million as of July 18, 2005 (hereinafter each of the above collateral mortgages was referred to as the “each of the instant collateral mortgages”).

C. The Defendant filed an application for voluntary auction of the instant land based on each of the instant collateral security rights, and purchased the instant land in the auction procedure (hereinafter “instant auction procedure”). Under Article 143(2) of the Civil Execution Act, the Defendant paid the remainder other than the amount that the Defendant should have paid from the above sale price, and completed the registration of ownership transfer as the receipt of Suwon District Court (No. 39047, Mar. 16, 201).

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence, Eul 1, 4, and 5 evidence (including numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. On May 3, 2005, the Plaintiff sold 1/2 shares out of the instant land in KRW 87.5 million to the Defendant. On July 15, 2005, the remaining shares in KRW 1/2 was sold in KRW 87.5 million and received KRW 175 million from the Defendant. The transfer income tax was paid.