1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Defendant B is the owner of 108/628 square meters among 628 square meters of a site for gas station in Daegu-gu D, and Defendant C, an infant in Defendant B, was the owner of 520/628 square meters among the above land, and owned three-story buildings on the above land (hereinafter referred to as “instant real estate”) on the above land as the owner of 520/628 equity shares.

B. On December 19, 2012, Defendant C leased the first floor of the building and its appurtenant land (hereinafter “leased real estate”) among the instant real estate to E, with the lease deposit of KRW 40 million, monthly rent of KRW 2.3 million, and the lease term of KRW 2.3 million from December 20, 2012 to December 19, 2014, and E operated the automobile maintenance business from the leased real estate.

The above lease contract was renewed on December 19, 2014 and continued in 2015.

C. On November 18, 2015, the Defendants sold the instant real estate in KRW 1.2 billion as follows, but concluded a sales contract with the remainder KRW 1.2 billion on the date of the contract, and the remainder KRW 1.00 million on February 28, 2016 (hereinafter “instant sales contract”). The Plaintiff paid the Defendants the down payment KRW 120 million.

[The sales contract of this case] Article 3 (Time of Payment for Sale Price) (1) The buyer shall pay to the seller on the date of the contract, and any balance shall be February 28, 2016.

(2) A seller shall be liable to deliver the real estate to a purchaser after taking over it from a lessee who leases the real estate as of the date of balance payment.

(3) If the seller becomes able to deliver the instant real estate to the buyer by taking over it from the lessee who leased the instant building even before the remainder date and notifies the buyer in writing, the buyer shall pay the balance and register the transfer of ownership within ten days from the date of notification.

Article 4 (Right of Seller to Rescission of an Agreement) (1) Seller shall be the lessee of the subject matter of sale by the time limit of the declaration period ( December 15, 2015).