1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 28, 2001, the Defendant and C were awarded a successful bid of KRW 6.6 million for the price in the real estate auction procedure (Tgu District Court, E, and F) regarding the above real estate in the real estate auction procedure (which consists of the two-story factory sections and the two-story factory sections and the two-story factory sections) with respect to the above real estate buildings (which are composed of the two-story factory sections and the two-story factory sections) prior to the subdivision in Busan Metropolitan City

B. On December 20, 201 of the same year, the Defendant paid KRW 150,1500,000,000 in the bid price under the name of the Defendant, and KRW 3/4,50,000 in the name of C, respectively, KRW 3/4,50,000 in the name of the Defendant, and on the same day, the Defendant completed the registration of transfer of each share by sharing shares 1/4 and 3/4.

C. After that, the Defendant and C decided to make a partition of co-owned property as to the land and buildings prior to the said partition. On January 2002, the said land was divided into D, 774 square meters prior to the said partition, G, and 1,869 square meters prior to G, H, and 31 square meters prior to H. The part of the building is also divided into the two-story factory and the part of the single-story factory. The Defendant completed the partition of the above D land and the part of the factory and the part of G, H, and the two-story factory under their own name by means of mutual transfer registration.

The status of the above D land and the cross-story building in the name of the defendant was changed to the land and the building in the attached Form (hereinafter referred to as the "land and the building in this case") according to the land category, designation and use change thereafter.

E. Meanwhile, the Plaintiff agreed to pay interest of KRW 35 million to the Defendant for the successful bid of real estate as above. At the time of the above successful bid, the Plaintiff paid KRW 15 million to the Defendant at the time of the above successful bid, and agreed to pay the Defendant’s loan obligation of KRW 20 million out of the successful bid price to be procured by the Defendant with the loan.

F. Accordingly, the Plaintiff paid KRW 15 million to the Defendant at the card discount following the above successful bid. After the above successful bid, the Defendant borrowed KRW 73 million from Hyang Agricultural Cooperative as collateral on November 24, 2003. The Plaintiff from December 23, 2003 to December 230, 2003.