1. The defendant shall pay 400,000,000 won to the plaintiff and 15% per annum from November 19, 2016 to the day of full payment.

1. On September 3, 2015, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 1.5 billion (hereinafter “instant sales contract”) out of KRW 484,301,79,150 of the land in Ansan-si Co., Ltd. 368,097 square meters owned by the Defendant (hereinafter “instant land shares”).

On September 3, 2015, the Plaintiff paid the Defendant the intermediate payment of KRW 200 million and the intermediate payment of KRW 100 million and KRW 100 million on November 30, 2015.

On July 8, 2016, the provisional disposition against the prohibition of disposal of the instant land shares, which was registered as the right to claim the transfer of ownership under the sales contract concluded on December 18, 2006, was completed on the creditor D Co., Ltd. (hereinafter “D”), the preserved right.

(C) At the time of the instant sales contract to the Plaintiff, the Defendant did not conclude that the instant land shares had already been sold to D in 2006, and that there was no problem in the transfer of ownership actively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s primary assertion 1) Although the Defendant sold the instant land shares to D in around 2006, the Defendant deceptioned the Plaintiff that there was no legal or factual problem in transferring ownership of the instant land shares without notifying the Plaintiff. Therefore, the instant sales contract is an expression of intent by fraud, and thus, it is revoked by delivery of a copy of the instant complaint. Therefore, the Defendant is obliged to pay the Plaintiff KRW 200 million with unjust enrichment, KRW 40 million, and KRW 200 million with damages incurred to the Plaintiff. 2) Since the Defendant’s obligation to transfer ownership registration against the Plaintiff by selective assertion was impossible due to the provisional disposition prohibiting disposal of D, the instant sales contract was revoked by delivery of a copy of the instant complaint.

Therefore, the defendant shall restore the contract deposit and intermediate payment to the plaintiff 40 million won.