1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Around August 2013, the Plaintiff entered into a construction contract (the construction cost of KRW 600 million) with the Defendant on the ground of Pyeongtaek-si B large 761 square meters (hereinafter “instant land”) owned by the Defendant. Around that time, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 760,000,000 for the purchase price of KRW 1,517 square meters (hereinafter “instant land”).

B. The Plaintiff and the Defendant agreed to construct one multi-household housing unit owned by the Defendant, and two multi-household housing units owned by the Plaintiff in the land of this case 2.

C. Accordingly, the Plaintiff carried out new construction of multi-household housing on each ground of the instant land Nos. 1 and 2, which became insufficient construction funds, and upon request from the Defendant, borrowed KRW 1 billion from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”) on November 27, 2013, and used it as construction cost.

In this process, on November 27, 2013, the Defendant completed the registration of the establishment of a mortgage on the land Nos. 1 and 2 of this case with the collateral for the said loan, the establishment of a mortgage on the land of which is KRW 1.2 billion with the bank, the debtor, and the maximum debt amount.

On August 27, 2014, the Plaintiff and the Defendant agreed to settle the Plaintiff’s construction price claim against the Defendant and the Defendant’s sales price claim against the Plaintiff as follows:

hereinafter “instant First Agreement”; 3. Performance Conditions

A. The Defendant transferred the instant land No. 2 to the Plaintiff, and transferred the instant land to 1/2 of the multi-household building.

B. The Plaintiff shall register the transfer of ownership to the Defendant of multi-household 1/2 on the land of this case.

The requirements of subsection 3(a) and (b) above are effective as the Plaintiff took out loans from another bank to a multi-household (16 households) on the ground of the instant land to repay the loans to the Bank on the ground of the instant land Nos. 1 and 2.

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