1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On February 19, 2008, the Plaintiff purchased 502 G apartment units 502 units in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant real estate”) from E to KRW 360,000,000 for sales price. On May 13, 2008, the Plaintiff occupied the instant real estate and resided until June 29, 2014.

B. On December 8, 2008, the registration of provisional seizure with the claim amounting to 400,000,000 won by Seoul Eastern District Court 2008Kadan12933, and on May 1, 2009, the registration of provisional seizure with the above court 2009Kahap972 was completed as of May 1, 2009, the prohibition of provisional disposition of provisional disposition of real estate, the right to claim the registration of creation of a mortgage based on a loan transaction agreement, as the right to be preserved, was completed. On September 19, 2012, the voluntary auction procedure was commenced with H of the above court, and the decision of permission for sale was rendered on March 3, 2014.

C. Meanwhile, on August 11, 2008, E had the Defendants, who are the wife’s children, J, K, L, D, and the former wife’s children, as the inheritor, and died on August 11, 2008. The remaining inheritors, other than the Defendants, given up inheritance on or around November 2008.

On July 18, 2014, the Plaintiff expressed his/her intent to cancel the said sales contract on the ground that the Defendants’ obligation to transfer ownership of the instant real estate was impossible at the date for preparatory pleading of the first instance trial.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 3 through 7, 11, 15, 16, 18, Eul's evidence 14, witness D's witness of the first instance court, witness witness witness of the first instance court, witness of the first instance court, and the purport of whole pleading

2. Determination as to the cause of action

A. As seen earlier, inasmuch as a decision of permission for sale was rendered after the voluntary auction procedure was commenced with respect to the instant real estate, the Defendants’ obligation to register ownership transfer of the instant real estate inherited from E was omitted.

As seen above, the Plaintiff cancelled the sales contract on the instant real estate on July 18, 2014.

Therefore, the Defendants, according to their respective inheritance shares, receive the sales price that E receives from the Plaintiff due to the above cancellation.