1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On June 19, 2001, the Plaintiff received a decision to prohibit disposal of shares of H 4,959/4959 square meters (No. 2001Kadan3112, Changwon District Court 2001), among the real estate owned by the Defendant, with respect to the portion of H 4,959 square meters of land owned by the Defendant (hereinafter “real estate before subdivision”), and accordingly the registration was completed on June 22, 2001.

B. On March 28, 2002, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 20, 2002 with respect to the portion of 992/4959 out of the real estate before subdivision.

C. On April 8, 2002, the registration of provisional disposition prohibiting disposal, which was completed with respect to shares of 1279/4959 out of the real estate before subdivision, was cancelled on April 15, 2002.

The real estate before subdivision was divided into each real estate listed in the separate sheet on April 9, 2012.

(In the absence of any dispute, the purport of Gap evidence Nos. 1 and 2 and all pleadings)

2. Determination as to the cause of action

A. On April 28, 200, the Defendant promised to transfer the ownership of 387 square meters of the real estate before the split-off in return for the cancellation of the complaint to the Plaintiff. On March 28, 2002, the Defendant agreed to transfer the ownership of 30 million square meters of the real estate before split-off, and the remaining 87 square meters of the ownership was paid from D when the Defendant received the litigation cost from D.

(2) The Plaintiff paid KRW 10 million to D around October 1, 2004, the Plaintiff is obligated to complete the registration procedure for transfer of ownership with respect to shares of KRW 287/49, out of each real estate listed in the separate sheet corresponding to the remaining 87 square meters pursuant to the agreement of this case, and is not so.

Even if the plaintiff is paid at least KRW 10 million of the costs of lawsuit from the plaintiff, and at the same time, he/she is obliged to complete the registration procedure for ownership transfer with respect to the above shares.

B. In light of the following circumstances, the evidence submitted by the Plaintiff alone is sufficient to acknowledge the existence of the instant agreement, in view of the respective descriptions of evidence Nos. 1, 2, and 17, as well as the witness D’s testimony and the overall purport of pleading.