1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff’s claim 1) On July 6, 2012, the Network D completed the registration of ownership transfer for the instant real estate transaction to C on June 28, 2012. 2) After the network D filed a lawsuit against C as Seoul Southern District Court 2015Kahap107107, which filed a lawsuit against C to cancel the ownership. While the lawsuit is pending, the Plaintiff took over the lawsuit.

On May 26, 2016, the above court rendered a judgment that “C shall receive KRW 40 million from the Plaintiff, and at the same time implement the procedure for cancellation registration of transfer of ownership completed as of July 6, 2012 by the Magwon District Court’s Seoul District Court’s Magsan Branch’s Magsan Branch’s Magwon Branch’s Magwon Branch’s Magwon Branch’s Magwon’s Magwon’s Magwon’s 23294 on the instant real estate.

3) On February 16, 2017, the appellate court filed an appeal by C. On February 16, 2017, the appellate court concluded a sales contract with the Defendant to sell the instant real estate at KRW 562 million (hereinafter “instant sales contract”). On January 25, 2014, the appellate court revoked the part against C regarding monetary claims in excess of the part ordering “C to pay the Plaintiff KRW 7,120,000 and delay damages therefor,” and dismissed the Plaintiff’s claim corresponding to the revoked portion, and rendered a judgment dismissing the remainder of appeal by C (Seoul High Court 2016Na203565). The foregoing judgment became final and conclusive around that time (Seoul High Court 2016Na20565).

According to the instant sales contract, the Defendant succeeded to the obligation to return the lease deposit of KRW 349 million with respect to the instant real estate, and the down payment of KRW 70 million with the intermediate payment of KRW 110 million on the date of the contract and the intermediate payment of KRW 10 million was paid on January 28, 2014 and the remainder of KRW 33 million on April 15, 2014.

2) On February 11, 2014, C completed the registration for the transfer of ownership with respect to the instant real estate to the Defendant. 3) Afterward, the Defendant shall complete the registration for the transfer of ownership with respect to the instant real estate to the Mine-dong Saemaeul Community Treasury, and (1) the maximum amount of debt on February 28, 2014.