The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. 24,182m2 (hereinafter “instant land”) owned the instant land by D. The land owned by 24,182m2 (hereinafter “instant land”).

B. On October 27, 2006, the Plaintiff drafted a sales contract between D and D with a content that the Plaintiff purchases the instant land and six adjacent lots (hereinafter “the instant subject matter of sale”) EF GHJ in KRW 300,000,000 (hereinafter “the instant contract”).

The down payment of KRW 30,000,000 under the above contract shall be paid at the time of the contract, and the intermediate payment of KRW 100,000,000 shall be paid on November 10, 2006, and the balance of KRW 170,000,000 shall be paid on November 15, 2006.

In addition, there is also a special clause stating that “the document for ownership transfer shall be made at the time of termination to the designated person.” The claim on collateral security shall be terminated before the balance is settled.

C. The Plaintiff remitted the sum of KRW 102,00,000 to D during the period from October 27, 2006 to February 28, 2007.

However, as to the land of this case, the registration of transfer of ownership was completed on December 29, 2006 on the ground of sale on December 13, 2006 (250,000,000 won) from D to the defendant.

E. D filed an application for provisional attachment with the Sungwon District Court Branch Branching 2007Kadan50416, the amount claimed against the Defendant as KRW 150,000,000, and completed the provisional attachment registration on the building owned by the Defendant upon its decision.

The registration of provisional attachment was cancelled on August 13, 2007, and on the other hand, the registration of establishment of a neighboring mortgage (70,000,000 won) in the name of D as to the land of this case was cancelled on August 17, 2007.

F. The Plaintiff filed an application with the Seoul Central District Court for provisional attachment of KRW 102,00,000 against the Defendant as Seoul Central District Court Decision 2008Kadan7798, and the provisional attachment registration for the instant land was completed on October 8, 2008.

On June 18, 2019, the defendant applied for the revocation of the above provisional seizure on the ground of the non-instigation of a lawsuit on the merits, and the above court on the ground of the non-instigation of a lawsuit on the merits on August 21, 2019.