The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On November 19, 2019, the Defendant, against the Plaintiff, was sentenced to the following judgment (from the next judgment of the first instance court of the provisional execution sentence of this case) by this Court on November 19, 2019, in the instant case of ownership transfer registration against the Plaintiff.

1. The Plaintiff received KRW 507,919,160 from the Defendant simultaneously with the Defendant’s payment:

A. On September 3, 2019, the procedure for the registration of transfer of ownership on the instant real estate was implemented on the ground of self-sale;

B. India of the instant real estate

2. The costs of the lawsuit are assessed against the defendant.

3. The above paragraph 1(b) may be provisionally executed.

B. On January 15, 2020, the defendant completed the delivery execution of the real estate of this case with the judgment of the first instance court of the provisional execution sentence of this case as the executive title.

C. On January 16, 2020, the Plaintiff filed an appeal against the judgment of the court of first instance on the provisional execution sentence of this case, and from this court on January 16, 2020, from this case’s case of suspending compulsory execution against the Defendant, the Plaintiff deposited KRW 20,000,000 as security against the Defendant, “The compulsory execution based on the original of the judgment of the court of first instance on the provisional execution sentence of this case with executory power between the above parties shall be suspended until the judgment of the appellate court of this case is sentenced” (hereinafter “the decision of suspending compulsory execution of this case”), and on January 20, 2020, deposited KRW 20,000 as security money pursuant to the decision of suspending compulsory execution of this case by depositing the Defendant as security deposit to the court depository of this court on January 20, 2020.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-5 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant executed the delivery of the real estate of this case in accordance with the judgment of the first instance court of the provisional execution sentence of this case. The plaintiff appealed against the above judgment and appealed in the appellate court, and according to the decision of the suspension of compulsory execution of this case, the delivery execution of this case according to