1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. (1) On November 11, 1993, the Plaintiff entered into a sales contract with H to sell the instant land and buildings (hereinafter “instant real estate”) 400 million won for price to H, on behalf of each of the owners of the real estate listed in No. 2, such as father G, the owner of the instant real estate listed in No. 1 in the [Attachment List No. 1] (hereinafter “instant land”).

H, at the time of the conclusion of the instant sales contract, around G and D’s agent, paid KRW 360 million out of the instant sales price, and the remainder of KRW 40 million agreed to pay 3% interest per month.

(2) Around June 1994, H had not completed the registration of ownership transfer with respect to the instant real estate, and around June 1994, exchanged each real estate listed in the [Attachment 3 and 4] list, which is owned by the Defendant, with the Defendant, and H agreed to additionally pay KRW 5 million to the Defendant (hereinafter “instant exchange agreement”).

(3) After that, H was unable to pay the purchase and sale remaining amount of KRW 40 million with respect to the instant real estate, and was unable to obtain ownership transfer in the name of H or Defendant, and such circumstances were stated to the Defendant.

Accordingly, on June 194, the Defendant and H agreed to complete the registration of transfer of ownership with respect to the instant real estate directly to the Defendant, instead of establishing a mortgage on the instant real estate as a security of KRW 40 million with respect to the said remaining purchase and sale amount of KRW 40 million with respect to the Plaintiff, who is a mother of H, in Sung-nam City.

B. The Plaintiff, as the agent of G and D, failed to offer real estate owned by H as security, such as the establishment registration of the establishment of the instant mortgage and the transfer of the Defendant’s instant claim.