1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The defendant, on July 4, 2003, was appointed as the representative director of the company of this case on August 26, 2003.

hereinafter referred to as “D”

(2) On April 30, 2004, Defendant and E agreed to make an investment agreement with respect to apartment project execution and invested KRW 1 billion. According to the above investment agreement, the Defendant agreed to receive KRW 1 billion in the investment principal up to January 18, 2004, and KRW 700 million in the proceeds up to April 18, 2004, without relation to the implementation of the project. (2) On April 30, 2004, Defendant and E set the repayment period of KRW 70 million to the Plaintiff as KRW 31% in the interest amount.

On the same day, the Plaintiff completed the registration of creation of a mortgage over KRW 1.7 billion in the title of the Plaintiff, among the 124,835 square meters of forest land in Gwangju-si, G 298 square meters of forest land, H 26,083 square meters of forest land, and 5,355 square meters of forest land in the name of the Plaintiff for the purpose of securing the above loan obligations.

On March 22, 2004, according to the provisional attachment order dated March 26, 2004, the above shares of forest was registered as provisional attachment in the defendant's name with the claim amount of KRW 1.7 billion.

B. On August 23, 2004, the Plaintiff was solely owned on August 26, 2004, with regard to the sale and purchase of forest and land and the assumption of obligation 1) the J Forest divided in H, I Forest and F Forest in Gwangju-si, Gwangju-si, and the land of J Forest divided in F forest before division, as the partition of co-owned property on August 23, 2004. The Plaintiff on April 4, 2005, the said forest and land (hereinafter “instant real property”).

In selling B, C agreed to take over the Plaintiff’s obligation to the Defendant 1.7 billion won in lieu of the actual payment of the purchase price.

2. In accepting and taking over the above real estate, C assumes the obligation of KRW 460 million out of the maximum debt amount of KRW 600 million against Tomato Mutual Savings Bank, and C assumes the obligation of KRW 1.7 billion in total of the maximum debt amount of KRW 1.7 billion against E and the provisional seizure against the Defendant, and assumes the obligation of KRW 1.7 billion in total of KRW 1.7 billion in the provisional seizure against the Defendant.