1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. With respect to part (2032/6614) of D’s share 46567/69851 of Ulsan-gun, Ulsan-gun, a forest land of 2314 square meters (hereinafter “C land”), the transfer registration under the Plaintiff’s name was completed on June 24, 2005.

B. Of the forest E 11,850 square meters (39,174 square meters) in Ulsan-gun, Ulsan-gun, Ulsan-gun, one thousand square meters (hereinafter “instant real estate”), a real estate sales contract was prepared with respect to the purchase price of March 17, 2007, 100 million won, as the seller’s agricultural company, as the seller’s agricultural company, as the buyer, and the Plaintiff.

C. As to the instant real estate, the right to collateral security (hereinafter “instant right to collateral security”) was established on May 11, 2007, which is one of the maximum debt amount and the Plaintiff of the right to collateral security (hereinafter “right to collateral security”).

As to the instant real estate, the discretionary auction procedure (F of the Ulsan District Court, hereinafter “the instant voluntary auction procedure”) was conducted, and on February 18, 201, MM development acquired ownership by sale due to the voluntary auction.

The plaintiff did not receive dividends in the above procedure.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, 2, 3, 4, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff invested KRW 100 million at the Defendant’s recommendation that had been engaged in real estate brokerage business, and purchased C’s land jointly with four persons. On March 2007, the Plaintiff sold the land to 100 million won upon solicitation by the Defendant.

While the Defendant kept the above purchase price in custody without returning it to the Plaintiff, on March 17, 2007, purchased the instant real estate without the Plaintiff’s consent, and set up the instant collateral security.

However, as the instant real estate has already been set up a large number of collateral, the Plaintiff was not paid dividends in the instant voluntary auction procedure.

① The Defendant shall return the land purchase price to the Plaintiff.

Since the defendant's failure to return this is a failure to fulfill the duty under the delegation contract, it is necessary to pay 100 million won and interest thereon.

② The Plaintiff raises objection to the Defendant.