1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On September 2009, the Plaintiff and B decided to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) and decided to invest KRW 150 million in the Plaintiff. The Plaintiff’s investment amount constitutes KRW 150 million. The Plaintiff’s investment amount constitutes KRW 1,983/8,925 of the instant real estate.

B. B purchased the instant real estate from the Defendant on September 25, 2009 in the purchase price of KRW 675 million (hereinafter “instant contract”). The Plaintiff transferred KRW 50 million to a corporate bank account notified by B on September 25, 2009, and KRW 100 million to the agricultural bank account under the Defendant’s name on December 10, 209, respectively, and the Defendant received the said purchase price in full.

C. 1) On September 29, 2009, the Defendant: (a) on September 29, 2009, a letter of performance with the following content (hereinafter “instant letter of performance”).

(1) The Defendant, upon borrowing from B the loan of KRW 100 million on September 29, 2009 and KRW 575 million on December 30, 2009, shall execute the following matters. In borrowing KRW 100 million on September 29, 2009, the Defendant shall make a decision to complete the establishment registration of a mortgage covering KRW 150 million on the instant real estate as collateral and KRW 300 million on December 30, 209 (the maximum debt amount) with the loan of KRW 300 million on the loan of KRW 575 million on December 30, 209, with the view to cancelling the registration of the establishment of a mortgage over the instant real estate in the name of the mortgagee B and the maximum debt amount of KRW 90 million on the loan of KRW 300 million on December 30, 200, the Defendant shall not make a reimbursement of KRW 500 million on the loan of KRW 300,000,00 for each of the instant real estate.