A. On December 19, 2016, Defendant C, Nonparty E, and F drafted a partnership agreement with the purport to newly construct and distribute a H building on the land surface of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, and to distribute the profits therefrom. The name of the said site was to be in the future of the Defendants.

Special contract terms: When F pays KRW 100 million to the Plaintiff by June 20, 2017, the sale right is cancelled at the same time as the H building I contract is cancelled.

If the plaintiff is unable to return KRW 100 million within 20 days, the plaintiff shall obtain the H building I by recognizing the purchase price as the complete payment.

B. On June 1, 2017, the Plaintiff: (a) lent KRW 100,000,000 to F; (b) entered into a contract with the Defendants to obtain KRW 220,000,000 from H building I as collateral for the said loan claim; and (c) entered into a contract with the Defendants to purchase in lots.

(hereinafter “instant sales contract”). The instant sales contract sets the remainder amount of KRW 220,000,000 without a down payment or intermediate payment to pay it by June 1, 2017, and the following special agreements were made:

C. The Defendants completed the registration of ownership transfer on June 30, 2017 with respect to the above H building I, and completed the registration of ownership transfer on the ground of trust in J future Co., Ltd. on the same day.

Since then, with respect to the above H building I, the Defendants completed the registration of ownership transfer again on September 18, 2017, where the lawsuit in this case was pending, due to the attribution of trust property, and on the same day, the registration of ownership transfer was completed on the grounds of sale in K. D.

The F did not pay the Plaintiff the above KRW 100,000,000 until the date of closing the argument.

【Ground for recognition】 The fact that there has been no dispute, the entries in Gap 1, 2, 4, and 6, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff is unable to return KRW 100,000,000 by June 20, 2017 under a special contract for the instant sales contract. The Plaintiff’s purchase price in the H building I is fully paid.