A. The Nam-gu Incheon Metropolitan City and 10 lots (hereinafter “instant land”) were originally owned by Incheon Metropolitan City around 1966 as a customary market place in which the merchants constructed a building without permission on the ground and formed by the mayor. However, around February 9, 1970, the Plaintiff was donated from Incheon Metropolitan City on the condition that 1,749 square meters of the neighboring land, including the instant land, be a modern-type market on the ground.

B. As a result of the Plaintiff’s implementation of the market construction work by dividing the land donated into two sections, around 1980, at around 1,049, the C market No. 1 Section 1 Section,049 was constructed and established, but at around 700, the C market No. 2 Section, which is the land of this case, the market building could not be constructed due to the reflection by the existing merchants, which might lose the right of acquisition after the construction of a new market building.

C. After doing so, the Plaintiff received the construction permit under the building permit number B (hereinafter “instant building permit”) on January 31, 2001, by filing a lawsuit against the merchants, who are the occupants of the instant land, and obtained the winning judgment.

On January 14, 2002, the Plaintiff transferred the name of the owner of the instant building permit to C market Section 2 Section, the representative of the merchants' representative meeting and its incidental titles, D and E, which were the titles of the owner of the instant building permit, filed a lawsuit against D and E on February 4, 2002 by this court 202Gahap935.

E. On February 23, 2002, the Plaintiff transferred the instant land and the rights and obligations (including the position of the owner) related to the instant construction permit to the Defendant Cho Jong-gu Co., Ltd. (hereinafter “Defendant Cho Jae-gu”), to KRW 3.5 billion, but the transfer price of KRW 3.5 billion is KRW 3.5 billion, when the Plaintiff completed the F building under construction on the instant land (hereinafter “instant building”) on the ground of the instant land by Defendant Cho Jae-gu, the sale of the instant building at KRW 931.207 and KRW 193.79 (hereinafter “instant store”).