1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On November 29, 2014, Co-Defendant B of the first instance trial (hereinafter “B”) entered into a contract on the purchase price of 2,125,980,000 won (hereinafter “instant sales contract”) for the entire 5 and 6th class of the 2,6th class underground and the 6th class of the 6th class of the ground (hereinafter “instant building”) in Defendant D and Young-si, respectively (hereinafter “instant sales contract”), and entered into an agreement on December 1, 2014 with Defendant D to pay the remainder at the time of completion of the contract until December 30, 2014, and the 2nd class of the intermediate payment (10% of the purchase price) until January 30, 2015.

Paragraph A) Of the instant building, A wishes to pay KRW 150,00,000 to B, who is the president of the G Hospital, the representative director of the term (G Hospital), which will be opened to approximately 50,000 square meters (730 square meters in total), from among the 5 and 6 floors (7,00 square meters in total) of the instant building, for the subsidies of hospital. Paragraph 2) on December 1, 2014, to pay KRW 150,000 as the hospital subsidies.

Paragraph B) 3) A wishes to pay a subsidy for a hospital (150 million won) on the 5 and 6th floor of the building under construction of this case on condition that A sells and opens a hospital for children on the 5 and 6th floor of the building under construction of this case. Paragraph 4) B wishes to open a hospital for children by February 28, 2015.

(Provided, however, if the completion of the building is delayed, within 30 days after the completion of the building (on the other hand, hereinafter referred to as “instant agreement”). (In the event of failure to carry out the foregoing matters, this agreement becomes null and void immediately, and B shall promptly return the hospital subsidy received to A. B. (b) On November 29, 2014, the Plaintiff entered into an agreement with B as follows (hereinafter referred to as “instant agreement”).

(C) On December 1, 2014, the Plaintiff’s wife H account transferred KRW 50 million to B, and KRW 100 million to the Defendant’s new bank account, respectively. D. The instant sales contract was rescinded at the end of June 2015 due to the Plaintiff’s failure to perform the payment obligation, and the Plaintiff’s hospital was not opened at the end of June 2015. [based on recognition] fact that there is no dispute, Party A’s evidence 1 through 4, Party A’s evidence 2, 3, and Party B’s evidence 1 (including the serial number, etc.).