1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the representative of D, an executor in charge of the construction and sale of a new building in the Yeongdeungpo-gu Seoul Metropolitan Government C building.

B. On January 8, 2015, the Plaintiff: (a) sold to E Co., Ltd. (hereinafter “Nonindicted Company”; (b) KRW 840,497,152 in total the sale price (hereinafter “instant building; hereinafter “instant building”); (b) KRW 210,136,373 in the sale price of the instant building; KRW 630,360,779 in the sale price of the instant building; and (c) received KRW 30 million in the down payment on the day of the said contract; and (d) KRW 470,779 in the intermediate payment on January 16, 2015 from the Nonparty Company, respectively.

C. Around March 2015, prior to the payment of the remainder, Nonparty Company was transferred the possession of the instant building from the Plaintiff.

Then, on April 10, 2015, the Plaintiff entrusted the above two buildings to H Co., Ltd., and completed the registration of ownership transfer for the above two buildings in the future of the said company. On August 2015, H Co., Ltd and Nonparty Co., Ltd. were re-established a real estate sales contract for the above two buildings.

E. The non-party company filed a lawsuit (U.S. District Court 2016 Gohap78260) demanding the Plaintiff to implement the procedures for the registration of ownership transfer with respect to the instant building and the said G in repayment of the remainder payment. The Plaintiff asserted that the sales contract was rescinded in the instant case, but the said assertion was rejected, and the judgment was rendered in favor of the non-party company on June 2, 2017, and the said judgment became final and conclusive.

F. Meanwhile, the non-party company: (a) leased the instant building to I on April 16, 2015; (b) leased the building again to the Defendant upon the expiration of the lease term; and (c) the Defendant operates the pharmacy in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 21, Eul evidence 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff is the actual owner of the building of this case, and the non-party company violated the sales contract for the building of this case without the consent of the plaintiff.