1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The plaintiff's ancillary claim.

1. Basic facts

A. 1) F, net G (referring to the co-defendant C of the first instance trial, and the representative director D’s type H, such as the conclusion of a sales contract for the instant forest.

B) On May 7, 1997, J-based 109,38 square meters (F 49,619/109,388 shares in common land, G 54,694/109,38 shares, I 5,075/109,38 shares, and I 5,075/109, and 388 shares) and 11 shares (hereinafter “the forest of this case”).

(2) On June 2, 1998, F, net G, and I agreed to the effect that “in the event that D was unable to pay the land price by August 15, 1998 at the time of payment of the land price, the land and all rights except the project cost invested in the project (the approval number for the housing construction project (K) shall be transferred free of charge to F, G, and I,” and on June 3, 1998, the registration of ownership transfer was completed to D on June 3, 1998 with respect to the forest of this case as the receipt of the Suwon District Court No. 15418.

3) D did not pay the balance to F, etc. by August 15, 1998. (2) D, etc. (1) D, on January 31, 200, concluded a contract for sale of 3/10 of the above real estate to F, etc. for industrial development (hereinafter “instant resale contract”), and at the same time, for the instant apartment complex construction with the Industrial Development Co., Ltd. (hereinafter “Industrial Development”) and several comprehensive construction companies (hereinafter “ several comprehensive construction”), 7/10 of the total 17 lots including the instant forest land (hereinafter “instant land”), including the instant forest land, KRW 1.2 billion, and for the industrial development, the amount of 3/10 of the above real estate to F, etc. is KRW 3.5 billion. At the same time, D, at the same time, received down payment for the instant comprehensive construction, and at the same time, loans from the National Housing Fund and the intermediate payment for the development of the instant apartment complex as security, etc., and at the same time, the National Housing Fund’s remainder construction and the remainder construction.