1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 9, 2012, the Defendant acquired ownership in a voluntary auction on the land C, D, and E (hereinafter “instant real estate”) and subsequently aggravated the financial conditions following the acquisition of ownership on the instant real estate on December 24, 2014, the Defendant established a collateral security (the debtor, Defendant, and the maximum debt amount of KRW 1.122 million) with respect to the instant land, and obtained a loan from the F Association (hereinafter “F Association”) with respect to the said land, the Defendant established a collateral security (the debtor, the maximum debt amount of KRW 1.122 million) with respect to the said land, and received a loan from the F Association with respect to the said land (the debtor, the maximum debt amount of KRW 1.22 million) with respect to the whole land of the said D, after completing the registration of partial transfer of ownership in G name with respect to the said land, and established a collateral security (the debtor, the maximum debt amount of KRW 324 million) with respect to the said land) with respect to the F Association.

B. On March 11, 2016, the Defendant delayed the repayment of debts with respect to the instant real estate, and subsequently rendered a voluntary decision to commence auction on the instant real estate upon the FF association’s request, and the Defendant sold the said real estate, and thus, colored the purchaser at the time of settling the debts.

Accordingly, on September 5, 2016, H, the Defendant’s spouse, as the Defendant’s agent, concluded a sales contract to pay the remainder KRW 2.5 billion on September 5, 2016 (hereinafter “instant sales contract”). On September 6, 2016, H, as the Defendant’s agent, sold the instant real estate in total of KRW 2.8 billion. Of the down payment KRW 300 million, KRW 100 million on the date of the contract, KRW 100 million on the same month, and KRW 2.5 billion on the same month, respectively, and the Plaintiff wired the down payment KRW 100 million on the account of H Bank in the name of H.

C. However, the Plaintiff did not pay the remainder of the purchase price, and the land C and D among the instant real estate was awarded on April 5, 2017, and the remainder of land E was awarded to each third party on March 15, 2017.

On June 18, 2018, the Plaintiff filed a lawsuit claiming damages against I and H in relation to KRW 100 million (this Court Decision 2018Da110860, hereinafter “relevant lawsuit”).