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1. The plaintiff's appeal is dismissed.
2. Pursuant to the second preliminary claim added at the trial, the defendant 35.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the statements in Gap evidence 1, 3-1, 2, 4, 25, and 1, and Eul evidence 1, as well as the purport of the whole oral proceedings with the testimony of the witness F of the trial.
On October 16, 2007, C, the husband of the Plaintiff, purchased the instant real estate from F from F to KRW 100,000,000,000, and agreed to pay the down payment of KRW 10,000 on the date of the contract, the intermediate payment of KRW 40,000,000 on November 10, 2007, the remainder amount of KRW 50,000,00 on November 20, 2007.
B. C paid a down payment of KRW 10,000,000 to F on the date of the contract day, and transferred KRW 20,000,000 from the Plaintiff’s passbook to F’s passbook in the name of passbook F in November 14, 2007. On November 20, 2007, C paid the remainder of intermediate payment of KRW 20,000,000 to F.
C. Since then, in order to pay the above purchase and sale balance, C agreed to obtain a loan under H’s name as collateral, and completed the registration of ownership transfer for the instant real estate with the consent of F on November 30, 2007, H obtained a loan of KRW 60,000,000 from a large net fisheries cooperative with the instant real estate as collateral and paid KRW 50,000,000 to F with the said money.
H Deceased on May 3, 2009, the Defendant, the wife of H, made the registration of ownership transfer in its name on January 29, 2010 on the ground of inheritance by agreement or division with respect to the instant real estate.
2. As to the allegation of illegality regarding the amendment of the purport of the claim and its determination, the defendant asserts that the modification of the purport of the plaintiff's claim and the cause of the claim through several times is unlawful as it significantly delays litigation procedures as well as the identity of the claim. However, each of the plaintiff's claims differs in the same living facts surrounding the real estate of this case or in disputes concerning the same economic interest, and thus, the plaintiff's claim and the