1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

On January 15, 2015, the Plaintiff sold to E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) a parcel of KRW 657 million (hereinafter referred to as “G Dong land”) in the amount of KRW 656.7 million in total, in which the Plaintiff sold the said parcel of land (hereinafter referred to as “G Dong land”) in the amount of KRW 347m2,000,000,000,000,000 won for the remainder on the contractual date, and the remainder amount of KRW 456.7 million was paid on May 15, 2015.

(hereinafter “instant sales contract”). D, on January 14, 2015, prepared and delivered to the Plaintiff a letter of guarantee of real estate contract (hereinafter “instant letter of guarantee of execution”) stating that “To guarantee the performance of the instant sales contract, signed and sealed, and guaranteed all responsibilities,” along with H, etc., the actual manager of the Nonparty Company.

(hereinafter “instant performance guarantee agreement”). On January 16, 2015, the Plaintiff entered into an agreement with the Nonparty Company to complete the registration of ownership transfer on G-dong land, and the Nonparty Company did not pay any balance by May 15, 2015, which is the remaining payment date.

However, on May 15, 2015, Nonparty Company did not pay any balance to the Plaintiff, and on April 2017, the said land was sold to a third party at the auction procedure upon the application of Nonparty Company’s creditors.

The Plaintiff filed a lawsuit against D, etc. for the claim for the purchase price under the Gwangju District Court 2017Gahap10917, and the above court rendered a judgment on February 1, 2018, stating that “Inasmuch as a company outside Korea bears the duty to restore due to the rescission of the instant sales contract, and the obligation to return the original obligation to return the Gdong land was impossible, D, etc. shall pay to the Plaintiff the amount of KRW 457 million that the Plaintiff seeks within the scope of the market price of Gdong land and the delay damages therefor.”

D appealed the above judgment, but the above judgment was dismissed and became final and conclusive as it is.

Meanwhile, D’s real estate stated in the attached list on August 17, 2015 (hereinafter “instant real estate”).