1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. On January 15, 2003, the Defendant, as the Plaintiff’s agent, purchased the first floor No. 102 of the D Building No. 1 of Dongjak-gu Seoul Metropolitan Government and one parcel (hereinafter “instant real estate”) from G from G to KRW 170 million for the payment of intermediate payment of KRW 100 million, and decided to accept the debtor’s status as the secured debt of the right to collateral security (hereinafter “instant collateral security”) on behalf of the payment of KRW 100 million for the intermediate payment of KRW

(hereinafter “instant real estate purchase agreement”). (1) The maximum amount of debt: 120 million won. (2) The debtor G: the mortgagee. (3) The Seoul Bank.

B. By February 2003, the Defendant paid G totaling KRW 70 million to G, and G completed the registration procedure for transfer of ownership in the name of the Plaintiff on February 28, 2003. On March 20, 2003, the Plaintiff acquired the status of the obligor of the secured claim of the instant right to collateral security.

C. On April 7, 2007, the Defendant sold the instant real estate in the capacity of the Plaintiff’s agent for KRW 200 million (hereinafter “instant real estate sale contract”) and received KRW 200 million from H until June 8, 2007, and completed the registration procedure for transfer of ownership in the E and F name regarding the instant real estate on June 8, 2007.

On June 7, 2007, the Defendant repaid a total of KRW 99,935,072 of the secured debt of the instant right to collateral security to Hana Bank, which succeeded to the status of the Seoul Bank, 92,935,072, such as repaying the secured debt of the instant right to collateral security, and completed the registration procedure of cancellation of the instant right to collateral security on June 12, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 8 to Eul evidence 21 and the purport of whole pleadings

2. The parties' assertion

A. The plaintiff owned the real estate of this case, and the defendant concluded the sales contract of this case with the plaintiff's delegation and received KRW 200 million from H, the remaining 150 million after deducting the secured claim amount of the right to collateral security of this case from KRW 50 million.