1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around May 2006, the Plaintiff entered into a contract for the construction of the instant tenement with the fourth floor size of the construction cost at KRW 930,000,000 on the land level, both C and B, Chungcheongnam-gun, and two parcels, respectively. C completed the instant tenement on December 2, 2006, with the commencement and completion of the construction of the instant tenement in the name of Hoho Construction Co., Ltd. (hereinafter “Yho Construction”).

B. The Plaintiff registered the owner on December 8, 2006 with respect to No. 303 of the 3rd floor in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant real estate”), and completed the registration of preservation of ownership on December 19, 2006.

C. On July 8, 2006, the Defendant’s ASEAN concluded a sales contract (hereinafter “the first contract”) in which the Plaintiff’s agent, the seller’s agent, the seller’s agent, the buyer, the Defendant, the buyer, the purchase price of KRW 94,00,000, the down payment of KRW 5,000,000, the intermediate payment of KRW 30,000,000, the remainder of KRW 89,000,000 (the remainder amount seems to be a clerical error), and the sales contract (hereinafter “the first contract”). On July 8, 2006, the Plaintiff transferred KRW 5,00,000 to the account in the name of Ho Construction.

On October 27, 2006, the payment date of intermediate payment, the Plaintiff, C, C’s Dong H, C’s Dong I, and E, from G real estate, but under the brokerage of K, a licensed real estate agent J and an employee, drafted a sales contract with the seller Hegy Construction, the buyer, the Defendant, the purchase price of KRW 94,00,000, the down payment of KRW 5,000,000, the intermediate payment of KRW 30,000, the remainder payment of KRW 59,000,000 (hereinafter referred to as the “second contract”) in addition to the first contract. E transferred the intermediate payment of KRW 30,00,000 to the account in the name of Ho Construction.

E. On June 5, 2007, the Plaintiff visited G real estate and delivered the relevant documents by visiting the Plaintiff’s identification card, certificate of personal seal impression, etc. to proceed with the procedure for the registration of ownership transfer of the instant real estate.

F. E shall remain 59,00.