1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is the deceased C (Death on April 10, 2016, and hereinafter “the deceased”).

B. As to the instant real estate, the Plaintiff completed the registration of ownership transfer on the ground of a sales contract made on January 10, 2003 with the Dobong District Court No. 12070 received on February 18, 2003, which was received on February 18, 2003.

C. On November 11, 2014, the Deceased filed a lawsuit claiming the registration of ownership transfer against the Plaintiff, claiming that the instant real estate was registered in title, and the said lawsuit was terminated on July 15, 2016 as the Deceased died during the lawsuit.

(Seoul Northern District Court 2014Kadan4410). D.

On the other hand, on October 1, 2014, the Plaintiff filed a divorce lawsuit against the Deceased. On September 10, 2015, the court of first instance rendered a judgment that “The Plaintiff and the Deceased divorced, the Deceased pays consolation money of KRW 50 million to the Plaintiff, and considering the instant real estate as the active property in the name of the Plaintiff, the Plaintiff evaluated the property subject to division between the Plaintiff and the Deceased, and then the Deceased pays KRW 61 million to the Plaintiff as property division (Seoul Family Court 2014Dhap5524), and the appeal by the Deceased was dismissed (Seoul High Court 1015Reu1901), and the appeal by the Deceased was also dismissed (Seoul High Court 1015Reu1901). The judgment of termination of the lawsuit was terminated on October 27, 2016, when the Deceased died while the lawsuit was pending in the Supreme Court following the appeal by the Deceased.

(Supreme Court Decision 2016Meu989). E.

Around February 13, 2015, the Defendant prepared a charter contract (Evidence A) with respect to the instant real estate by setting a deposit of KRW 130 million and a two-year lease term between the Deceased, who is referred to as the Plaintiff’s agent status, as well as the Deceased on February 13, 2015, and received a receipt for the total amount of the instant deposit from the Deceased on March 5, 2015.

However, the above lease contract is written in the lessor column with the name of the plaintiff in the same word, but the seal of the plaintiff is not affixed, and only the signature and seal of the deceased who is the agent is affixed, and the current owner of the leased object is the owner of the special agreement.