1. Of the instant lawsuit, the Plaintiff’s primary claim is dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) owned the land for factory D 41938m2 and its ground (hereinafter “instant real estate”) in Bupyeong-gu, Incheon. However, around November 197, the Plaintiff, who jointly and severally guaranteed C’s debt, was also in bankruptcy status on a yearly basis around February 1998.

B. Upon the commencement of the voluntary auction procedure for the instant real estate, E and F received the highest bid price and the highest bid price decision. C entered into a sales contract for the instant real estate between E and F on November 26, 2003. The sales price determined KRW 12.6 billion totaling KRW 10.6 billion, which is the successful bid price, KRW 10.6 billion, E, etc., and upon the completion of the registration of ownership transfer, C designated the registration of ownership transfer in the name of the person designated by C or C (hereinafter “instant sales contract”), and thereafter C designated the Defendant and C (hereinafter “G”) as a person who has completed the registration of ownership transfer as a person who has received the registration of ownership transfer.

C. E, etc. completed the registration of ownership transfer of the instant real estate on August 19, 2004. Since around October 2005, G, etc. to which E, etc. did not perform the obligation to transfer ownership, the Defendant filed a lawsuit against E, etc. to seek the implementation of the procedure for registration of ownership transfer of 1/2 shares of the instant real estate on July 2006, and received a favorable judgment, and G completed the registration of ownership transfer with respect to 1/2 shares of the instant real estate on October 21, 2009, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including a branch number; hereinafter the same shall apply), witness H's testimony, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion is a joint and several surety of C’s debt and provided as security the JJora 21 Dong, 22 Dong, and building site in Yongsan-gu Seoul Metropolitan Government I (hereinafter “Jora”), which was owned by the Plaintiff, and then disposing of C’s debt rapidly.