1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 5,646,045 and its amount from January 10, 2018 to the Plaintiff.

1. Basic facts

A. On September 27, 2016, the Plaintiff entered into a sales contract with the Defendant’s mother C, with respect to real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”), with the purchase price of KRW 38 million, and the special terms and conditions are as follows.

1) The Industrial Bank of Korea shall accept and repay the right to collateral security to the defendant. 2) Various public charges shall be paid by the plaintiff.

3) The sales price was deposited in the D Licensed Real Estate Agent Office, and when the Plaintiff was at the place where the director might move, D Licensed Real Estate Agent is responsible for it, and then the sales price is delivered to the Plaintiff (by the date when the bank was named, the Plaintiff is the Plaintiff

(B) On September 27, 2016, the Defendant completed the registration of ownership transfer for the instant apartment on the grounds of sale on the same day. Meanwhile, the Industrial Bank of Korea of the instant apartment filed an application for voluntary auction to this court E, and received the decision on voluntary decision on commencement of auction on April 17, 2017, and the registration of voluntary decision on commencement of auction was completed on April 18, 2017. D. The Plaintiff returned only the instant apartment to the Plaintiff around November 18, 2017, and ordered the Defendant to order the instant apartment to the Defendant among January 2018. [The fact that there is no dispute over the recognition, the entry in subparagraphs A and 2, and the purport of the entire pleadings.]

2. Determination

A. The plaintiff's assertion 1 as to the main claim was to obtain the difference between the current market price of the apartment of this case by requesting a preferential purchase from the Industrial Bank of Korea by failing to perform the procedure for changing the name of the debtor of the right to collateral security under the name of the Industrial Bank of Korea while completing the registration of ownership transfer under the name of the defendant after taking advantage of the situation of the plaintiff who was extremely old at the time of C, and then having entered into the sales contract under the name of the defendant. Thus, the sales contract of this case is null and void, since it is the defendant as to the apartment of this case.