A. On April 26, 2016, the Plaintiff prepared a real estate sales contract (hereinafter referred to as “instant sales contract”) stating that Defendant B shall pay 143 square meters of land owned by Defendant B and a building of 153.65 square meters of cement brick structure slab roof 153.65 square meters of the said land (hereinafter referred to as “land and buildings”), on the date of the contract, the purchase price of KRW 320 million is KRW 40 million and the down payment is KRW 100 million until June 15, 2016; the intermediate payment is KRW 180 million until June 28, 2016; the remainder of KRW 180 million is to be paid by July 28, 2016 (hereinafter referred to as “instant contract”); and the terms and conditions of the said sales contract include the following: “Defendant C’s agent is liable for the remainder of the terms and conditions related to the instant contract as well as the instant sales contract.”

B. On July 1, 2016, the Plaintiff transferred the down payment KRW 40 million on the date of the contract, and KRW 90 million from the intermediate payment to the account in the name of the Defendant B, and KRW 10 million from the intermediate payment to the account of an individual E among the sales contracts in this case.

C. On the other hand, on August 17, 2016, F filed an application for provisional attachment with respect to the instant real estate by the Seogu District Court Branching the Daegu District Court on August 22, 2016, under which F applied for provisional attachment on August 22, 2016, with respect to the instant real estate, and the said court received a ruling of provisional attachment on August 22, 2016 from the said court. On December 23, 2016, F applied for the commencement of compulsory auction on the instant real estate as G with the Seogu District Court Branching Branching the Daegu District Court, and was subjected to a ruling of compulsory commencement from the said court on

According to the above compulsory auction, the instant real estate was sold on December 8, 2017, and H completed the registration of ownership transfer on December 11, 2017.

[Ground of recognition] Gap evidence Nos. 1 through 4, 6, 7, 8, Eul evidence Nos. 2 and 3 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The argument and judgment.