1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On September 27, 2010, the Plaintiff applied for a payment order against C and E, and received a payment order with the purport that “C and E shall pay the Plaintiff KRW 380,000,000,000 and delay damages therefrom,” from the Suwon-si District Court of Suwon-si, 2010 tea3263, which became final and conclusive around that time.

B. On February 9, 201, the Plaintiff conducted a compulsory execution against C and E with the original of the above finalized payment order as the executive title. On February 9, 201, the Plaintiff purchased the instant goods at KRW 62,460,000 from the proceeds of sale in the auction of corporeal movables commenced under the Daejeon District Court Branch Branch of Daejeon District Court 201,2123.

C. Around July 201, the Plaintiff received 36 million won as down payment after re-saleing the instant goods to C, and as of July 7, 2011, the Plaintiff prepared a certificate of confirmation stating that “The said amount is part of the price of movable property goods,” and issued it to C.

On the other hand, between the Defendant and C on July 5, 2011, the Defendant entered into a contract to purchase the instant movable property at KRW 30 million from C, and entered into a written contract with Section 3863 of the Ministry of Justice on July 7, 2011.

E. The defendant takes over the goods of this case from C and currently occupies the goods of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserted that the instant goods were sold at KRW 80 million to C. However, only received the down payment of KRW 36 million and did not receive the remainder. On August 201, 201, the Plaintiff expressed his/her intent to cancel the said sales contract to C on the ground of the nonperformance of obligation by C.

The owner of the instant article is the Plaintiff according to the validity of the rescission of the sales contract, and the Defendant possessing the instant article is the Plaintiff.