1. The plaintiff's claim is dismissed.

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

1. On February 5, 2004, the Plaintiff and the Defendant: (a) sold KRW 1,320 square meters among KRW 1,320 square meters (hereinafter “the instant real estate”) among the instant real estate, for KRW 1.6 billion; (b) in lieu of the payment of the Plaintiff’s debt to the Cho Jong-gu Co., Ltd. (hereinafter “the Plaintiff”); and (c) the remainder KRW 200,000,000,000,000,000 won of the intermediate payment was concluded on March 30, 2004; and (d) concluded a sales contract with the effect that KRW 90,000,000 should be paid respectively on July 15, 2004 (hereinafter “the instant sales contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The judgment of this Court

A. The plaintiff asserted that the plaintiff agreed with the defendant to receive the down payment and the intermediate payment from the above purchase price, and accordingly, the defendant received the down payment of KRW 200 million, the intermediate payment of KRW 100 million, and the intermediate payment of KRW 100 million, respectively. Since the contract of this case becomes null and void as the land transaction permission was not obtained, the plaintiff returned the down payment and the intermediate payment to C on behalf of the defendant from March 16, 2005 to March 8, 2006, the above down payment and the intermediate payment were returned to C, so the defendant is liable to pay the above KRW 300 million and the delay damages to the plaintiff.

B. Judgment 1) E Co., Ltd. (hereinafter “E”).

On February 6, 2004, the day following the date of the payment of the down payment, the employee F exchanged two copies of the KRW 100 million check ( check number: G and H) issued at the Gangnam Branch of Han Bank in cash at the account of Han Bank, Han Bank. The Defendant exchanged one copy of the KRW 100 million check on March 31, 2004, which is the day following the date of the payment of the down payment. (hereinafter “I”).

The fact that both E and I deposited directly into the account of the new bank, the fact that the defendant worked as the representative director at the time, is stated in the evidence No. 7-1, No. 2, and No. 8, and the new bank of this Court.