1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) agreed to purchase an officetel located in M&U in M&U in Changwon-si under the pretext of the payment for the construction price of KRW 170 million against the Plaintiff of the non-party Co., Ltd. (hereinafter “the non-party Co., Ltd.”) in lieu of the payment for the construction price of the non-party Co., Ltd. (hereinafter “the construction price of the instant case”). The Plaintiff and the non-party Co., Ltd. agreed to purchase the officetel located in M&U in M&U-si, Changwon-si. (hereinafter “the construction price of the instant case”). The Plaintiff and the non-party Co., Ltd entered into the sales contract for

B. On March 7, 2014, the Defendant, who entered into a sales agency contract with the Nonparty Company, sent to the Plaintiff a text message stating that “I have to pay back the text message “I have to do not have to do so if I have to do so.” (hereinafter “instant text message”).

C. The registration of ownership transfer was completed in the name of a third party with respect to five debentures of the instant officetels.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including virtual numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that, in the course of consultation with the Defendant after receiving the instant text message, the Defendant agreed to receive five copies of the instant officetels from the Plaintiff and sell them to others, and to pay KRW 170 million to the Plaintiff upon receiving the sales price.

B. Therefore, it seems to have been understood that the Plaintiff transferred 4 debentures out of 5 officetels of this case to other creditors of the non-party company as payment in kind. The Plaintiff also understood that the meaning of “other dives” on the text message of this case sent by the Defendant to the other creditors of the non-party company in accord with the purport of the non-party company’s agreement to sell 5 officetels debentures of this case and pay money to the Plaintiff with the funds.