1. The plaintiff's part of the lawsuit against the defendant B and C is dismissed.

2. The plaintiff's remainder against defendant B and C.

1. Basic facts

A. On August 22, 2012, the Plaintiff and E enter into and cancel a sales contract between the Plaintiff and E, and “E” refers to the Plaintiff’s land outside the Hansi District F and three parcels of land (hereinafter “instant land”).

(1) The contract to purchase KRW 8.46 billion (hereinafter referred to as “instant contract”)

(2) On the same day, the Plaintiff notified the cancellation of the contract on June 3, 2013 and the instant sales contract was terminated around that time.

B. Defendant B and C filed an application for a payment order against Defendant B and C with the Seoul Eastern District Court No. 2014Guj6563, Sept. 4, 2014, stating that “E shall pay to Defendant B KRW 388,1250,000, KRW 3331250,000 to Defendant C, and delay damages therefrom” (hereinafter “instant execution bond”).

(2) The payment order of this case (hereinafter “instant payment order”)

(2) Defendant B and C, based on the instant order of payment, received a claim attachment and assignment order (hereinafter “instant assignment order”) against the Plaintiff, E, the garnishee, the Plaintiff, the claim amount of KRW 728,467,737 (Defendant B, KRW 389,781,814, and KRW C338,685,923) on October 23, 2014, and became final and conclusive around that time.

3) On November 5, 2014, Defendant B and C based on the instant assignment order, and on November 5, 2014, filed against the Plaintiff a lawsuit claiming an amount equivalent to KRW 728,467,737, the amount claimed by the said Defendants, out of the instant down payment refund claim against the Plaintiff (hereinafter “pre-paid payment lawsuit”).

(4) On August 25, 2015, the court filed a claim for a down payment, and the down payment was reverted to the Plaintiff, as it cannot be recognized that the special agreement was a penalty equivalent to the down payment under the instant sales contract.