A. On April 17, 2017, the Plaintiff and the Defendants concluded a sales contract with the Defendants to purchase 2,902 square meters of the purchase price of KRW 5,229,00,00 (hereinafter “instant purchase contract”) out of the total sum of 22 square meters and six parcels in Taean Industry, D, and E, Haan-gun, Chungcheongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Inc. (hereinafter “each of the instant lands”).

The instant sales contract provides that “10 million won shall be paid on the date of the contract, the balance of KRW 460,000,000 on June 30, 2017, and each seller shall compensate the buyer for the double amount of the down payment when the seller entered into the instant sales contract. The Defendants shall complete the registration of ownership transfer with respect to each of the instant land in the future and divide the instant land into two thousand square meters, thereby completing the provisional registration of the Plaintiff’s right to claim ownership transfer, and complete the registration of ownership transfer within two years from the date of the contract.”

The Plaintiff paid KRW 100 million to the Defendants on the day of the contract, and paid KRW 30 million as the intermediate payment on May 15, 2017.

B. However, on June 30, 2017, the instant sales contract was not implemented according to its content. On July 18, 2017, the Plaintiff, while holding a cashier’s check amounting to KRW 370,460,000,000, the Plaintiff prepared for the remaining amount of KRW 3770,0460,000,00,000. The Defendants provided documents necessary for provisional registration of the right to claim ownership transfer of the subject matter at the time of July 11, 2017, and notified that the Defendants would cancel the instant sales contract if the Defendants failed to perform the contract, and the said notification reached the Defendant C on July 19, 2017 and the Defendant B on July 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The Defendants asserted that they were entitled to ownership of each of the instant land prior to the implementation of the instant sales contract.