1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 7, 2016, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with C to purchase 1,805 square meters and buildings on the land (hereinafter “each of the instant real property”) of North-gu D Miscellaneous land at port as follows.

In indication of real estate: A contract for down payment of KRW 1.6 billion of the purchase price of each of the instant real estate, the down payment of KRW 1.6 billion, shall be paid to the seller and received from the seller. The delivery of the said real estate under Article 3 shall be April 7, 2016.

Of the down payment of KRW 1.6 billion under a special contract, 50 million shall be paid at the time of the contract, and the down payment of KRW 25 million shall be paid on April 8, 2016.

The agricultural loan shall succeed to KRW 900,000,000 and shall succeed to KRW 600,000,000,000 for collateral security.

B. According to the instant sales contract, the Defendant paid C a total of KRW 100 million, including KRW 75 million around April 7, 2016 and KRW 25 million around April 8, 2016, as the purchase price. As to each of the instant real estate, the Defendant completed the provisional registration of the right to claim for the transfer of ownership in the name based on the pre-sale of the same date on April 7, 2016, and completed the registration of ownership transfer on June 30, 2016.

The first provisional attachment 38,000,000 E as of June 8, 2016, which is the cause of cancellation of the first provisional attachment, which is the kind of claim amount for registration or the highest amount of claim amount or the date of cancellation of the right to collateral security, and the second provisional attachment 1,080,000,000 Ocheon Agriculture Cooperatives as of June 30, 2016.

C. At the time of the instant sales contract, the registration of provisional seizure and the registration of the establishment of a neighboring mortgage was completed as follows, but all of the registrations was cancelled until June 30, 2016.

On the other hand, the plaintiff filed a lawsuit against C seeking the payment of the purchase price of KRW 360 million and damages for delay thereof with respect to this Court and received a favorable judgment on June 19, 2015 (this Court Decision 2015Gahap40369), and the above judgment became final and conclusive around that time.