1. Revocation of the first instance judgment.

2. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

3. Defendant C.

1. Plaintiff’s request

A. On August 25, 2008, the Plaintiff, upon the cancellation of the contract, decided to purchase from the Defendants the amount of KRW 1.2 billion for the purchase price of KRW 252 square meters and KRW 7,003 square meters (hereinafter “instant real estate”) prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant owned, and paid the Defendants a sum of KRW 261.5 million until September 19, 2008, including the payment of KRW 60 million as part of the purchase price. The instant real estate was sold to a third party by auction on October 9, 2009, and thus, the Defendants’ obligation to implement the procedures for the registration of ownership transfer against the Plaintiff was impossible.

Therefore, the Defendants are jointly and severally obligated to restore to the Plaintiff the original state following the cancellation of the above sales contract, and to pay the Plaintiff KRW 260 million, which was paid as a part of the above sales price, and damages for delay.

B. When a new provisional attachment registration was made on the instant real estate after the Defendants entered into a sales contract with the J as to the instant real estate and received the down payment from the J, the Defendants were required to cancel the contract from the J.

Accordingly, the Defendants agreed between the Plaintiff and the Plaintiff that the Plaintiff becomes a joint purchaser or entered into a new sales contract under the name of the Plaintiff, and that part of the purchase price that the Plaintiff would pay to the Defendants instead of the purchase price that the J should pay. If the purchase and sale contract does not proceed under the Plaintiff’s name, the Defendants agreed to return the money that the Plaintiff paid to the Plaintiff as investment without any condition.

The Plaintiff paid KRW 261.5 million to the Defendants in accordance with the above agreement. Ultimately, since the sales contract did not proceed under the Plaintiff’s name, the Defendants are jointly and severally liable for payment of KRW 261.5 million and delay damages to the Plaintiff in accordance with the said agreement.