1. The plaintiff's claim is dismissed.

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

Basic Facts

around 2010, Nonparty C invested KRW 150,000,000 per head of Yeonsu-gu Incheon District E Forest (hereinafter “instant real estate”) to the Plaintiff, the Defendant, and Nonparty D, and purchased each/4 shares of KRW 150,000 per head. The Plaintiff, the Defendant, and D offered a proposal to resell the proposal and make profits therefrom, and the Plaintiff, the Defendant, and the D paid KRW 150,000,00 for each of them.

C: (a) purchased the instant real estate from Nonparty F on January 6, 2010; (b) on February 2, 2010, under the name of Nonparty G, a company’s employee, C, for the instant real estate; (c) completed the registration of ownership transfer on the instant real estate under the name of Nonparty G; (d) on February 23, 2010, the registration of ownership transfer on the instant real estate was completed; and (e) on the instant real estate, the registration of creation of a neighboring mortgage that became the Plaintiff, the maximum debt amount of KRW 350,000,000, the maximum debt amount of KRW 200,000,000 on February 23, 2010; (e) the registration of establishment of a neighboring mortgage-holder D; and (e) the registration of establishment of a neighboring mortgage-based real estate that became the Defendant, respectively.

On the other hand, on December 24, 2009, the Plaintiff lent KRW 100,000,000 to C at an interest rate of KRW 2.5% per month. Since the purchase of the instant real estate, the Plaintiff agreed to receive the C’s share (1/4) out of the instant real estate in accord and satisfaction.

On October 29, 2011, the Plaintiff agreed to transfer to the Defendant 1/4 shares of the instant real estate that the Plaintiff agreed with the Defendant to receive payment in kind from C in the amount of KRW 150,000,000 (hereinafter “Agreement before October 29, 201”), and the following written confirmation (hereinafter “instant confirmation”).

I have drawn up a statement of real estate: for 155,00,000 won of the loan of the real estate in question, 3 co-owners (Plaintiff, defendant, and D) agree to jointly repay the loan of 15,00,000 won of the real estate in question. In addition, for 1/2 (1/4 of the total amount of present C equity 670 square meters) of the Plaintiff’s equity interest, the acquisition amount for 1/4 of the total area of 1/4 shall be fixed to 150,00,000 won (Provided, That the acquisition fund shall be settled as

On September 29, 2012, the plaintiff, the defendant, and C are as follows: