1. The plaintiff's claim is dismissed.

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

Basic Facts

On April 1, 2016, the Plaintiff drafted a sales contract (hereinafter “instant contract”) with the Defendant, which covers KRW 323,00,000,00 of the sales price with respect to the Young-gu Kumdong C Apartment-gu, Suwon-si (hereinafter “instant apartment”) (hereinafter “instant apartment”).

On May 13, 2016, the defendant completed the registration of ownership transfer on the apartment of this case under the contract of this case.

Around that time, E, the husband of the Plaintiff, prepared a written confirmation with the following contents to the Defendant:

As the Defendant borrowed KRW 40 million from the Defendant, F Co., Ltd. created a right to collateral security of KRW 150 million for each of the two aircrafts, and E will pay KRW 150 million to the Defendant or deliver the instant apartment by February 28, 2017, until February 28, 2017.

On March 15, 2017, the Defendant: (a) between E and E, the deposit for the instant apartment is KRW 10,000,000; (b) the rent is KRW 1,500,000 per month; and (c) the lease period is March 14, 2019; (b) the Bank bears the burden of the Bank on KRW 165,00,000 out of the secured debt of the right to collateral security established on the instant apartment; and (c) the Defendant prepares a lease contract with the following terms: “E pays KRW 150,00,000 to the Defendant, if the sum exceeds KRW 165,00,000,000, out of the secured debt of the right to collateral security established on the instant apartment, the Defendant shall transfer the ownership of the instant apartment to E.

On May 22, 2017, the Defendant sold the instant apartment to G, and G had completed the registration of ownership transfer on the instant apartment on July 10, 2017, and agreed to withdraw from the instant real estate until December 28, 2017.

Plaintiff

And E and their children moved out from the apartment of this case around December 28, 2017.

[Ground of recognition] The Plaintiff’s assertion of Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 2 through 6, Eul’s evidence Nos. 13-6, and the purport of the entire pleading is with H Co., Ltd., Ltd., for which E works at the request of E (hereinafter “non-party company”).