1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 18, 2014, the Plaintiff entered into a sales contract with the Defendant on the land listed in the attached Table 1, 279,200,000, as indicated in the attached Table 1, 200 owned by the Plaintiff (hereinafter in this case, “instant land”) and on the ground thereof (hereinafter “former sales contract”). From February 18, 2014 to May 9, 2014, the Defendant paid the Plaintiff KRW 65,840,000, out of the purchase price under the previous sales contract, to the Plaintiff as the down payment per contract date, KRW 127,920,00,00 as the intermediate payment, and KRW 127,920,000,000,000 as the intermediate payment on May 21, 2014, and KRW 200,000,000,000 as the intermediate payment on May 2, 2014.

A. The payment was made.

B. On September 2, 2014, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 127,920,000 equivalent to the down payment due to the cancellation of the previous sales contract on the ground of the Plaintiff’s delay of performance as the Incheon District Court Branch Branch Decision 2014Gahap6847, and the return of KRW 655,840,000 for the purchase price paid due to restitution and the compensation for damages (hereinafter the previous lawsuit). On July 10, 2015, the Defendant received a judgment from the Defendant for restitution of KRW 741,120,000 (i.e., restitution of KRW 655,840,000 to the Defendant (i.e., restitution of KRW 85,280,000) equivalent to the down payment amount of KRW 127,920,000 for damages equivalent to KRW 285,280,000,000 (hereinafter the previous judgment).

On August 12, 2015, the Plaintiff filed an appeal against the previous judgment with Seoul High Court 2015Na22412.

C. In addition, on September 2, 2014, the Defendant applied for a provisional attachment on each real estate listed in the separate sheet owned by the Plaintiff with the claim amounting to KRW 783,760,000 for the preservation of claims, such as the refund of the purchase price, and received the decision of provisional attachment on September 4, 2014 by the Incheon District Court Branch Decision 2014Kahap592, and was entered in the real estate registration register on the same day.

The plaintiff and the defendant were under trial of the above appellate court on October 7, 2015. The plaintiff and the defendant in this case C and D.