1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2, 2006, C entered into an agreement with the Defendant on the following (hereinafter “instant agreement”) with regard to D miscellaneous land 9,888m2, E forest land 76,559m2 (round January 22, 2009, divided into E forest land 75,568m2 and F forest land 91m2), G 10,081m2, H forest land 10,081m2, H forest land 4,104m2 (hereinafter “instant land”) owned by C.

[Agreement]

A. The value of the instant land is KRW 1170 million.

B. In order to settle C’s debt, the Defendant paid KRW 30 million and set up a right to collateral security on the instant land.

C. C and the Defendant shall undertake civil engineering works on the instant land at the Defendant’s expense, and the agreed amount for the construction works shall be KRW 200 million.

Provided, That additional construction costs after the completion of construction shall be added to the above agreed amount.

When the Defendant executes construction works on the above land as of March 2, 2006 and disposes of all or part of the land in this case, C shall be equally paid the loan amount of KRW 840 million, excluding the loan amount of KRW 330 million out of the above land value, and the Defendant shall be equally paid the loan amount of KRW 330 million and the actual construction cost of the land.

E. The disposal amount of the land of this case is above A.

From the time of exceeding the amount of the subsection, all profits shall be distributed at least 50% per each party.

F. In the event that the defendant executes a disposition or mortgage against the land of this case without the consent of C, the defendant shall pay C five times the amount of the construction agreement on the ground of the violation of transaction.

B. The defendant has made a prior agreement to C.

On March 3, 2006, C lent KRW 300 million to the Defendant on the instant land, and C completed the registration of creation of a mortgage near the debtor C and the maximum debt amount of KRW 330 million.

C. C On April 4, 2007, after cancelling the registration of the establishment of a neighboring livestock cooperative under the name of the Defendant, the registration of the establishment of a neighboring livestock cooperative under the name of the Defendant (hereinafter “Yecheon-gu Livestock Cooperative”) was complete, with the maximum debt amount of KRW 520,000,000.