1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On May 3, 2013, the Defendant entered into the instant sales contract with Nonparty C (hereinafter “instant land”) and KRW 4,567 square meters of land D, Seocho-si, Seoul, and owned by Nonparty C (hereinafter “instant land”).

(1) The sales contract to be paid within three months from the date of the contract (hereinafter “instant sales contract”) shall be determined as KRW 1.15 million with respect to the sales price, and the remainder KRW 70 million shall be paid within three months from the date of the contract.

(2) The instant land is owned solely by C and the Plaintiff stated that provisional registration of E and the instant land was completed. However, the instant land was actually negotiated through C, E, and the Plaintiff’s co-owned land delegated with authority by C, E, and for the purpose of concluding the instant transaction contract. For the foregoing reason, the instant transaction contract entered the Plaintiff, other than C, E, and the Plaintiff as the owner, together in the instant transaction contract.

3) The Defendant paid KRW 70 million on May 3, 2013, and KRW 1.1 billion on August 2, 2013, and paid KRW 1.15 million on the instant sales contract. (B) On May 3, 2013, the Plaintiff entered into the sales contract of this case with the Defendant for the sale of commercial buildings (hereinafter “instant sales contract”). On May 3, 2013, the Plaintiff entered into the sales contract of this case with the Defendant for the supply price of KRW 150 million on the instant commercial buildings among the commercial buildings scheduled to be newly constructed within the “F apartment site” newly built by the Defendant between the Defendant and the Defendant (hereinafter “instant sales contract”).

2) Article 1 of the instant sales contract provides for the following. ① Within the due date for payment of the corresponding amount (all the sale price-contract amount, intermediate payment, balance, etc.) as set out below, Eul (the Defendant) shall pay the said amount to the account of the bank designated in paragraph (2) of this Article in his/her own name by deposit passbook. However, the Defendant shall substitute the down payment amount as KRW 00 million out of the remainder payment of the D amount remaining at the beginning of the first city owned by Eul, which belongs to the business site Gap (hereinafter referred to as the “Defendant”).