1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) promoted a housing construction project (hereinafter “instant project”) on a lot of land in Ulsan-gu I land located in Ulsan-gu, Ulsan-gu.

B. Around January 17, 2007, H entered into a sales contract with the deceased’s B (hereinafter “the deceased”) with respect to the Ulsan-gu Jho Lake (hereinafter “the instant real estate”) owned by the deceased on the following terms (hereinafter “the instant sales contract”). On January 12, 2007, H entered into a sales contract with the deceased on the following terms (hereinafter “the instant sales contract”). On January 12, 2007, the buyer would pay the purchase price to the seller by the following means of payment:

Article 3 of the balance of down payment of KRW 11,500,000 (10%) 11,500,000 (90%): The seller shall provide the buyer with all the documents necessary for ownership transfer simultaneously with the receipt of the balance, and the seller shall also order the real estate.

Article 7:In case the seller has accepted this contract, he shall pay twice the amount received as the down payment to the buyer, and in case the buyer has accepted it, the down payment shall be null and void, and the seller shall be reverted to the seller

Special agreement: This contract takes effect simultaneously with the deposit of the down payment in the account of the seller.

The seller, the buyer, and the defendant, and the buyer, paid the H et al.

C. On February 27, 2013, the Deceased donated the instant real estate to Defendant D, and completed the registration of ownership transfer on February 28, 2013.

On October 31, 2017, the Plaintiff received the claim attachment and collection order as the execution claim based on the payment order in the case, including the contract deposit No. 2016 tea2181, from the Ulsan District Court Decision No. 2017, Oct. 31, 2017; H as the obligor; H as the garnishee; and H as the third obligor, upon the cancellation of the instant sales contract (it is impossible to perform as a result of donation on February 27, 2013), with respect to KRW 16,00,000 for the contract deposit and penalty to be paid by the Deceased from the Ulsan District Court No. 201309.