1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Basic Facts

Around December 1, 2003, the Plaintiff, the Defendant, and C entered into a partnership agreement (hereinafter “instant partnership agreement”) with a view to jointly purchasing 2,757 square meters and 526 square meters in return for investing and selling the same together (hereinafter “the instant land prior to the division”) 1/3 prior to Asan-si, Asan-si, and to distribute the profits by selling the same again. Three partners contribute each of 62,00,000 won to purchase the instant land from G on December 1, 200, and the registered titleholder completed the registration of ownership transfer on December 17, 2003.

In order to secure the return of future investment in relation to the 62,00,000,000 won contributed by the purchase of the land in the name of the Plaintiff before the split-off of ownership transfer registration, the Defendant prepared and issued a notarial deed from the Plaintiff on December 22, 2003 with respect to promissory notes issued by the Plaintiff at the time of the due date on December 22, 2005, the place of issue and the place of payment on December 22, 2003, in order to secure the return of the future investment amount, with respect to the purchase and disposal of land under the same business contract of the instant case.

On June 21, 2004, the Plaintiff acquired C’s 1/3 equity shares from C.

On the other hand, as the Defendant’s unrepared regarding the fact that it could not recover the investment amount for a long time after the purchase of the instant land before the split-off, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “the first collateral mortgage”) with respect to the instant land from the Daejeon District Court Branch of the Daejeon District Court on August 9, 2007, under Article 39636, which was received on August 9, 2007, with a maximum claim amount of KRW 100,000,000, the debtor, and the mortgagee, and at the same time, the Defendant purchased the instant land prior to the split-off with the purchase of the said land of KRW 62,00,000,000 as at December 1, 203.