1. The Defendant’s claim against the Plaintiff, including the Incheon District Court Decision 2017Gaso478874, has the executory power to claim the return.

1. (1) On May 9, 2017, the Plaintiff entered into a sales contract with the Defendant’s mother C on the Seo-gu Incheon (hereinafter “instant real estate”) with the term “Buyer: the purchase price of KRW 55 million, the remainder of KRW 45 million, and the remainder payment date,” and received KRW 10 million as the down payment.

On July 12, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with C, namely, the content that changes the buyer’s payment date of the said sales contract and the balance payment date, namely, “Buyer: Defendant and the balance payment date: August 10, 2017.”

On the other hand, the provisional registration of G name (hereinafter “the provisional registration of this case”) was completed in part of the site ownership of the instant real estate at the time of the conclusion of the contract, and was cancelled on July 18, 2018 when the lawsuit of this case was pending.

(2) On September 26, 2017, the Defendant filed a claim for return of the instant court 2017 Ghana47874 down payment against the Plaintiff, the Defendant received the following recommendations from the Plaintiff on September 26, 2017.

(1) Claims: 22.8 million won and the amount of delay damages by 15% per annum from the date following the delivery of a copy of a complaint on them to the date of full payment; 2. Revocation of a contract due to reasons attributable to the plaintiff; 20 million won for breach of contract; and 2.8 million won for interior works paid by the defendant

(3) On September 29, 2017, the Plaintiff received the notification of performance recommendation as above, but the time limit for filing the objection was excessive and confirmed as it is.

Since then, on November 20, 2017, the Plaintiff filed a lawsuit against the instant claim, and received a decision to suspend compulsory execution on November 20, 2017 in the instant case of applying for the suspension of compulsory execution.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence 1, 2, 5 through 8, 12, 17 through 19, and the purport of the whole pleadings

2. Both claims;

A. Compulsory execution based on the decision on performance recommendation of the plaintiff must be rejected.

① The buyer of the instant sales contract is C.

The defendant is only the title trustee.