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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In order to sell each land listed in the separate sheet owned by Defendant B (hereinafter “each land of this case”), Defendant C asked Defendant C to search for a person to purchase each land of this case.
Accordingly, the defendant C asked D, who was aware of it, to find out the person to purchase each of the lands of this case.
B. D proposed the purchase of each of the instant lands to the Plaintiff, one’s own son, and on October 12, 2013, the Plaintiff concluded an oral sales contract with Defendant B on each of the instant lands (hereinafter “instant sales contract”). From October 12, 2013 to May 15, 2015, the Plaintiff paid KRW 270,108,620 in total, from October 12 to May 15, 2015.
C. Meanwhile, on April 1, 2015, the Plaintiff prepared a sales contract with Defendant B, stating the sales amount of KRW 390,000,000 as to the instant sales contract, and completed the registration of ownership transfer on April 15, 2015 as to each of the instant real estate on the 15th of the same month.
The plaintiff paid a total of KRW 6,801,000 in relation to the above procedure for the registration of ownership transfer.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 and 5 evidence 1 and 5 (including numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. At the time of the instant sales contract, the Defendants stated that the Plaintiff could build a house for the use of the adjoining land on the ground of this case, and some of the neighboring land, which is the neighboring land used as a road passing through each of the instant land at the time, is owned by F clans, but the Defendant C wishes to use the adjoining land as a road by F clans, and the Plaintiff is believed to have obtained the consent of F clans to use the land for the use of the adjoining land. Accordingly, the Plaintiff is able to obtain the consent of the Defendant B and each of the instant lands.