1. The defendant's appeal is dismissed.

2. The costs of the lawsuit after the appeal include the part resulting from the intervention.

1. Basic facts

A. The Intervenor joining the Defendant (hereinafter “Defendant Intervenor”) completed the registration of ownership transfer on November 30, 1989 for the instant land on December 4, 1989.

B. While the Defendant Intervenor was liable for the debt amounting to KRW 80 million against the Defendant, which is a fraud, the ownership of the instant land was transferred in lieu of the repayment, and the provisional registration of this case was completed on May 15, 199 to the Defendant on May 13, 199 on the ground of a pre-sale agreement on May 13, 199.

다. 피고참가인은 2002. 3. 13. 배우자 F의 남동생 G의 배우자(처남댁)인 원고에게 이 사건 토지에 관하여 2002. 2. 25. 매매를 원인으로 한 소유권이전등기를 마쳐 주었다. 라.

On September 8, 2015, the Plaintiff Intervenor entered into a sales contract with the Plaintiff on the purchase of KRW 830 million (hereinafter “instant sales contract”) of the instant land from the Plaintiff (hereinafter “instant sales contract”) on November 10, 2015, an intermediate payment of KRW 43 million, and the remainder of KRW 70 million, within 30 days after the business approval, for the purpose of promoting a housing construction project within the land zone (hereinafter “instant sales contract”).

E. On December 14, 2015, the Plaintiff Intervenor entered into an “Agreement on Investment in H Urban Development Projects” to successfully promote the said housing construction project with an elderly group, a stock company, and a World Construction Industry. From October 2015 to February 2016, the Plaintiff Intervenor received a written consent to land use from the owners of the said project sites including the Plaintiff.

F. Around April 20, 2016, the Plaintiff Intervenor obtained approval of the instant housing construction project plan from the head of an aged Gun, and on April 28, 2016, KRW 317 million out of the remainder of the instant sales contract with the Plaintiff and the Plaintiff KRW 7 million out of the remainder of KRW 747 million, was paid in the land trust after the termination of the instant provisional registration, and the remainder of KRW 430 million was partially modified with the content that the Plaintiff sold the unsold housing unit to the Plaintiff and replace the two unsold housing units.

G. The Plaintiff on May 2, 2016.