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. On November 6, 2009, D Co., Ltd. (hereinafter “D”) entered into a sales contract with F Co., Ltd. (hereinafter “F”) to purchase some of H stores located in Gucheon-si (hereinafter “each of the instant stores”) for KRW 8,478,018,400 in purchase price.

B. D signed a security trust contract with F on December 11, 2009 for each of the instant stores, and completed the registration of ownership transfer for each of the instant stores to F on the same day.

C. On January 12, 2010, the Defendant entered into a contract with D on January 12, 2010 and each of the stores of this case to purchase H Jho-ho, such as the third floor I, Hacheon-si, the third floor I (hereinafter “each of the instant real estate”) at KRW 500,000,000.

On July 7, 2014, F followed the public auction procedure for each of the instant stores. On August 13, 2014, the Plaintiff purchased each of the instant stores, including each of the instant real estate, in the purchase price of KRW 7,426,80,00 (including value-added tax) through the public auction procedure.

E. After completing the registration of ownership transfer with respect to each of the instant real estate on July 13, 2015, the Plaintiff entered into a security trust agreement with C Co., Ltd. (hereinafter “C”) on the same day, and completed the registration of ownership transfer with respect to C on the grounds of trust.

F. On March 28, 2016, the Defendant asserted that even though the Plaintiff succeeded to D’s obligation to transfer ownership to C, the obligation to transfer ownership to the Defendant was in an impossible condition by completing the registration of ownership transfer based on trust to C, and filed an application for provisional attachment against C on March 28, 2016 with the Plaintiff’s claim for compensation of KRW 500 million against the Defendant as the preserved right, on the grounds that the obligation to transfer ownership was in an impossible condition. The provisional attachment of the claim on April 4, 2016.