1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s father C borrowed KRW 100 million from D on November 15, 2004, and repaid KRW 30 million among them.

B. The conclusion of the sales contract on the instant share (1) C decided to sell the Plaintiff’s mother and G-owned share (hereinafter “instant share”) in the land located in Pyeongtaek-si F and five parcels of land located in the land transaction permission zone to the Defendant, D and E, a joint investor.

(2) Accordingly, on May 8, 2006, C concluded a sales contract on behalf of G to sell the instant shares of KRW 379 million, and on behalf of G, C concluded a sales contract to pay the down payment of KRW 23 million, intermediate payment of KRW 37 million, and the remainder of KRW 19 million, excluding the loan of KRW 210,000,000,000 to be succeeded by E, out of the remainder of KRW 319,000,000,000 (hereinafter “instant sales contract”).

(3) However, at the time of the conclusion of the instant sales contract, the sum of KRW 70 million, including the down payment and intermediate payment and the remainder, was agreed to offset D’s remainder loans KRW 70 million against D’s remainder loans of KRW 70,000,000,000,000, out of the purchase price, E paid KRW 29,000,000 (hereinafter “the instant purchase price”).

C. On January 23, 2007, the registration of the establishment of a neighboring mortgage with respect to the instant share amounting to KRW 70 million was completed on January 23, 2007, with respect to the auction of the instant share.

(2) Meanwhile, in the auction procedure with respect to the instant shares, E purchased the said shares of KRW 33.21 million and completed the registration of transfer of shares on October 2, 2008. The Defendant received dividends of KRW 27,777,264 based on the right to collateral security established on the said shares.

(1) On April 19, 2007, E notified C and G of the cancellation of the instant sales contract on the grounds of the nonperformance of the instant sales contract, and on May 2, 2007, the provisional attachment registration was completed as to the instant share and the instant H land and ground buildings owned by G as the claimed amount of the sales price.