1. The plaintiff's appeal and the defendant's incidental appeal are dismissed, respectively.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

1. Basic facts

A. On April 24, 2007, the Plaintiff entered into a sales contract with the deceased E (the deceased on October 18, 2016, hereinafter “the deceased”) to purchase KRW 688 square meters (hereinafter “instant land”) prior to Ulsan-gu, Ulsan-gu (hereinafter “the instant sales contract”), and paid KRW 20 million to the deceased on the same day.

B. There was a dispute over the ownership of the land between the deceased and the former owner G of the instant land at the time of the said contract, and the deceased, upon receiving the above price, issued the receipt stating “the failure to return” to the Plaintiff.

C. On September 18, 2009, the Deceased filed a lawsuit to confirm the ownership of land with the former owner of the instant land as the Ulsan District Court Decision 2009Ga30617, and on March 7, 2012, the judgment against the deceased, who was the Plaintiff, was finalized.

On December 27, 2018, the Plaintiff filed the instant lawsuit against H, children C, and I, the deceased’s heir, seeking the refund of the purchase price of this case.

E. On November 8, 2016, H, C, and I reported the renunciation of inheritance in respect of the deceased’s property as the Daegu Family Court and the Daegu Family Court and the 2016 D, C, and I reported the renunciation of inheritance. On December 22, 2016, the said court rendered a ruling to accept the report on the renunciation of inheritance by H, C, and I.

F. On June 4, 2019, the Plaintiff filed an application with H, C, and I for correction of the indication of a party that corrected the Defendant as of the next order heir C, who is a child of H, C, and I, and the application for correction of the indication of a party was served on the Defendant on June 12, 2019.

G. On June 21, 2019, the Defendant reported the inheritance limited approval of the deceased’s property as the Daegu Family Court Support 2019Radan1544, and the said court accepted the Defendant’s inheritance limited approval report on July 16, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including paper numbers), Eul evidence 1 and 2, records obvious facts, the purport of the whole pleadings

2. The facts of the above recognition as to the cause of the claim.