1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 23, 2007, the Plaintiff and B concluded a sales contract with D on the instant land with the purchase price of KRW 2.1 billion (the down payment of KRW 200 million on the day of the contract, the intermediate payment of KRW 400 million on August 23, 2007, and the intermediate payment of KRW 500 million on October 23, 2007, and the remainder of KRW 500 million on October 23, 2007, respectively) (hereinafter “the previous sales contract”).

B. The Plaintiff and B received the down payment of KRW 200 million and the first intermediate payment of KRW 400 million from D until August 23, 2007, but did not receive the remainder of the intermediate payment and the remainder. The Plaintiff and B died on October 2010 and succeeded to the status of E.

C. On July 8, 2011, the Plaintiff and E (hereinafter collectively referred to as “Plaintiff, etc.”) filed a lawsuit against D seeking confirmation of the cancellation of the said sales contract by Busan District Court 201Gahap13947, and won the lawsuit on December 1, 2011. Although D appealed, the appeal was dismissed on May 30, 2013, and the said judgment became final and conclusive around that time (hereinafter “the previous judgment”).

On the other hand, on June 26, 2013, the Plaintiff, etc. concluded a new sales contract for the instant land (hereinafter “instant sales contract”) with the Defendant (F, a husband of D, serves as the Defendant’s auditor), and drafted a sales contract with the following contents.

The purchase price: 1.90 million won (the contract amount of KRW 300 million, the intermediate payment of KRW 400 million, the balance of KRW 1.2 billion): 100% succeeded to the down payment and intermediate payment contracted with D on July 23, 2007, and the balance payment shall be deposited immediately in the head of the Tong at the time of the completion of the documents for transfer of registration in the presence of the certified judicial scrivener of the Busan Youngdo branch office.

E. On June 26, 2013, the Defendant paid KRW 1.2 billion to the Plaintiff, etc., and completed the registration of ownership transfer on the instant land under the name of the Defendant on the same day.

[Reasons for recognition] A’s certificate Nos. 1 through 5, B’s certificate No. 1, and real estate sales contract.