A. On April 3, 2014, the Plaintiff entered into a lease contract with Defendant B for KRW 49,854,00 with respect to the purchase price for three and other three parcels, Jeonnam-gun E. on the same day. On the same day, the Plaintiff transferred KRW 30 million to the Defendant D’s account as the grandchild of Defendant B.

B. On April 3, 2014, the Plaintiff entered into a real estate sales contract for KRW 50,3240,000 of the purchase price (hereinafter “instant sales contract”) with Defendant D with respect to the land E (hereinafter “instant land”). On the same day, the Plaintiff transferred KRW 20,000,000 to Defendant D’s account.

C. On April 2014, the Plaintiff received a proposal from Defendant D to convert KRW 30 million into the purchase price of the instant sales contract, and accepted it. D.

On June 22, 2014, the Plaintiff sent KRW 5 million to the account of Defendant D’s bank, after hearing the phrase “on the face of five million won, the Plaintiff would cancel the collateral security and provisional seizure set up on the instant land and transfer ownership.”

E. Defendant B along with Defendant C, who was the son on August 11, 2014, resolved the collateral security and provisional seizure created on the instant land by August 30, 2014 and transferred ownership.

In the event of non-performance, the civil and criminal liability will be imposed.

“Although the statement of performance was prepared, the registration of ownership transfer was completed in the name of F on August 31, 2015 due to the sale by compulsory auction.

According to the above facts, the sales contract of this case was omitted in an impossible condition, and the copy of the complaint of this case stating the declaration of intention of rescission was delivered to Defendant B on February 23, 2016, which was lawfully rescinded.

As such, Defendant B is jointly with Defendant C and D with the purchase price of KRW 55 million and the Plaintiff’s claim against this.