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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition of the judgment of the defendant to the allegations added or emphasized by the court of first instance as to this case (excluding the judgment of the real estate stated in paragraph (2) of the Attached List No. 2, which is not subject to the judgment of the court), and such determination is cited by the main sentence of Article 420
2. Additional determination
A. As to the fact that the Plaintiff did not pay the purchase price to G, the Defendant asserts that the Plaintiff could not claim the ownership of the first real estate in this case, since the Plaintiff did not pay the purchase price to G and completed the registration of ownership transfer in collusion with the head of the non-party partnership.
As seen earlier, the Plaintiff agreed to transfer from the non-party partnership the first non-party partnership in lieu of the payment of the construction price, but thereafter, the Defendant purchased the instant real estate 1, which was agreed to transfer to G in lieu of the payment of the subcontract price with the consent of the non-party partnership, with the consent of the interested parties, such as the Defendant and G. At that time, the non-party partnership and G agreed to pay the purchase price directly to G other than the non-party partnership.
Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 3 and 9, G is recognized as the receipt that the Plaintiff received KRW 123 million out of the purchase price on April 11, 2014, and the receipt that the Plaintiff received KRW 15 million out of the purchase price on April 15, 2014 was prepared and issued, and the Plaintiff paid KRW 310 million in total to G from April 12, 2014 to May 7, 2014. G is recognized as the fact that the Plaintiff prepared and issued a confirmation document that the Plaintiff received full payment of the purchase price on December 15, 2015.
According to the above facts, the plaintiff is fully aware of the sales price in the sales contract in this case to G.