1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 5, 2009, the Defendant entered into a contract with D to purchase the price of KRW 120,000 from D in the F farm in Jeju city E (hereinafter “instant farm”) on the same condition as D’s name, and entered into a new contract to purchase the said contract on August 21, 2009 (hereinafter “the instant swine”).

B. On August 28, 2009, the Plaintiff purchased the instant pigs from the Defendant for KRW 175,000,000, but the down payment of KRW 125,000,000 on the date of the contract; the intermediate payment of KRW 15,000,000 on August 29, 2009; and the intermediate payment of KRW 35,000,000 on August 31, 2009 (hereinafter “instant sales contract”); and the Plaintiff paid KRW 140,00,000 in total to the Defendant as the down payment and intermediate payment pursuant to the instant sales contract.

C. The instant sales contract states that “The entire deposit amount of the passbook can not be returned at the time of the cancellation of the contract” as “140,000,000 won.”

On the other hand, on October 16, 2007, D entered into a contract to transfer all of 3,200 pigs raised at the farm of this case as collective goods as security for 400,000,000 won, such as feed payments, etc. against Kaligura Co., Ltd. (Co., Ltd. prior to the alteration, Aguri brand Lura Korea, hereinafter “fururia”), to transfer all 3,200 pigs raised at the farm of this case as a method of possession revision.

Fura accepted the request from D on August 2009 to grant the disposition of this case 950 heads of the pigs 3,200 heads of the said pigs.

E. D as security of KRW 500,000,000 of the loan obligation against C&C Co., Ltd. (hereinafter “C&C”) on February 5, 2009, D intends to transfer 2,200 of the total of KRW 700,500 and KRW 1,500 of the pigs of not more than three months and not less than three months, raising at the farm of this case, as collective goods.