1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The Plaintiff is an individual entrepreneur (C is a substantial entrepreneur) who operates a recycling business with the trade name of “E” in the land and its ground buildings listed in the separate sheet in the Dag-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong (hereinafter both the above land and buildings are combined with the above land and buildings).

The Defendant, having its head office in the Gu-U.S. Si N, had its head office and engaged in wholesale and retail business of industrial raw materials. On March 30, 2015, at the time of the conclusion of the sales contract, the Defendant transferred its head office to the Gyeongbuk-gun M, the domicile of the D plant.

F is the representative director of the defendant and became aware of the transaction relation C and C around 2014.

As of March 27, 2015 and April 20, 2015, the Plaintiff and the Defendant, including the preparation of the instant sales contract and the transfer of ownership, sold D factory and machinery and apparatus installed in the said factory to the Defendant at KRW 1 billion [including value-added tax on a building amounting to KRW 800 million (including value-added tax) of the purchase price, KRW 200 million (including value-added tax on a building portion)]. The sales contract is a sales contract which was signed on March 27, 2015 with evidence No. 1 No. 20050, Apr. 20, 2015. All of each sales contract was written by means of representing the Plaintiff. The sales contract was written on March 27, 2015, stating that the remainder of KRW 1 billion is paid on April 30, 2015 without paying the down payment and the intermediate payment, each of which was written on April 25, 2015.

On April 29, 2015, the Plaintiff completed the registration of transfer of ownership on the ground of sale on March 27, 2015 to the Defendant with respect to the D Factory.

A factory was established on the same day.