1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On December 29, 2000, the Plaintiff sold 300,000,000 won, a piece of land outside 1,405 square meters and one lot of land (hereinafter “instant land”).

(hereinafter referred to as “instant sales contract”) B.

On December 27, 200, prior to the conclusion of the instant sales contract, the Plaintiff offered the instant land as security, and received a loan of KRW 150,000,000 from the Busan Livestock Industry Cooperatives, and paid it to the Defendant. The Defendant paid KRW 80,000,000 out of the said money to the Plaintiff as the purchase price under the instant sales contract.

C. On January 15, 2002, with the Plaintiff’s consent, the Defendant set up a collateral on the instant land, which is KRW 260,000,00 for the debtor, the mortgagee, the Saemaul Bank of Korea, the maximum debt amount of KRW 260,000,00, out of which was loaned from the Seongbuk Saemaul Depository, and partly repaid the Plaintiff’s principal and interest of the loan to the Gansan Livestock Cooperative, and KRW 5,000,000, out of the remainder, was paid to the Plaintiff as the purchase price of the instant sales contract.

On July 2003, the Plaintiff filed a claim for the purchase price under the instant sales contract against the Defendant with the Daegu District Court.

From the above case (Tgu District Court 2003Gahap3724) to September 16, 2003, mediation was concluded that "the defendant shall pay 212,00,000 won to the plaintiff until October 31, 2003."

E. When the Defendant was unable to pay the Plaintiff money in accordance with the above conciliation, the Plaintiff sold the instant land to D on June 16, 2004, paid the principal and interest of the loan to the Defendant’s Sung Saemaul Depository as a surety’s surety until July 5, 2004, and cancelled the registration of the establishment of neighboring mortgage on July 19, 2004, and completed the registration of the transfer of ownership on July 28, 2004.

F. Accordingly, the defendant filed a provisional disposition against D on August 19, 2004 against D on the real estate of this case, and received a decision of acceptance (Seoul District Court Order 2004Kahap724 dated August 25, 2004).