1. The plaintiff's claim is dismissed.

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

1. In fact, on January 9, 2014, a decision to commence auction was rendered on the Gyeonggi-gun, Gyeonggi-do, and 12 lots of land (hereinafter “instant real estate”), the Gyeonggi-do, which was owned by C, on which a decision to commence auction was made on January 9, 2014. Accordingly, the auction procedure [the Government District Court E, E, G (Joint), H (Dual), H (Dual (Dual), I (Dual (Dual) and J (Dual) is underway.

The Plaintiff and the Defendant purchased the instant real estate and sold it to a third party at a higher price, and concluded on May 10, 2016 the following agreements (hereinafter “instant agreement”).

Article 1(Joint Tender and Amount of Successful Tender) (1) A and B (referred to as "A"; hereinafter the same shall apply) of the present Agreement shall be awarded a successful bid of KRW 1.2 billion by means of a joint bid with equal equity (1/2 of each of the real estate auction procedures) in progress at the Jung-gu District Court E.

② A bears KRW 130 million against the successful bidder, and appropriate KRW 100 million among them to the auction bid bond, and the remainder of the sale shall be treated as KRW 900 million by borrowing KRW 1 billion from A and B from the Korea Livestock Industry Cooperatives (hereinafter referred to as the “YYA”) in the form of the balance, and the remainder of the sale shall be borne by B by offsetting the amount of KRW 300 million with the claim of the collateral security against the instant real estate.

Provided, That if B's bonds are not offseted by set-off, B shall be borne by cash.

Article 2 (Loan Obligations and Liability for Expenses) (1) A shall keep 130 million won remaining after disposing of the proceeds from sale under Article 1, and shall be appropriated for acquisition tax and registration expenses to be incurred before the successful bid.

(2) The interest on loans borrowed from the labor-management cooperative shall be appropriated in preference to the interest on loans as the remainder of the custody.

(3) Both A and B shall be liable for the interest on loans borrowed with respect to real estate, principal, expenses to be incurred later, expenses to be incurred later, and expenses not anticipated by the parties, etc.