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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. Around October 2005, the Plaintiff entered into a contract with I to purchase the land listed in the separate sheet (hereinafter “instant land”) and its ground-authorized building with KRW 360 million. On November 10, 2005, the Plaintiff entered into a sales contract again between I and C, the Plaintiff’s well-known mother, and completed the registration of ownership transfer under C’s name on November 24, 2005.
B. (1) On April 1, 2009, the Plaintiff drafted a sales contract to sell all of the instant land and buildings without permission on the ground (attached Form 4), in the name of C, KRW 310 million (the contract amounting to KRW 50 million, the remainder of KRW 50 million, and KRW 260 million on April 20, 2009) to the Defendant under the name of C (hereinafter referred to as “attached Form 4”), to sell all of the instant land and buildings without permission on the ground.
(2) On April 10, 2009, the Plaintiff drafted a sales contract to sell the instant land to the Defendant under the name of C (hereinafter referred to as “the contract, No. 2 contract, and No. 7-2”) to sell the instant land to the Defendant in the form of KRW 300 million (the contract amounting to KRW 160 million, the intermediate payment to KRW 40 million on April 27, 2009, and the remainder to KRW 100 million on September 30, 2009), and attached the proviso to “Attachment A”.
(3) On April 10, 2009, the Plaintiff drafted a sales contract to sell the instant land to the Defendant under the name of C (a contract amounting to KRW 160 million (the contract amount to KRW 160 million, the intermediate payment to KRW 60 million on April 27, 2009, and the remainder to KRW 80 million on September 30, 2009) (hereinafter referred to as the “contract, No. 3, and No. 2) and attached the proviso that “The purchaser of the gold-si shall prepare documents for the transfer of registration and allow the transfer. The purchaser shall invalidate the sale and purchase upon the default of any balance.”
C. The Defendant’s payment of money and acquisition of ownership paid to the Plaintiff, KRW 160 million on April 10, 2009, KRW 40 million on April 27, 2009, and KRW 20 million on May 7, 2009, respectively, and acquired ownership of the instant land on April 13, 2009.
(1) The right to move into an apartment complex granted D and E to an unauthorized building on the ground of the instant land.