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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.
Reasons
1. Basic facts
A. On December 26, 2007, the Defendant purchased a total of 32,395 square meters (hereinafter “instant land”) of total of 32,000 square meters, including the Mapo-gun, Incheon Spo-gun, Incheon, Spojin-gun (hereinafter “instant land”). The Defendant concluded a sales contract to pay KRW 200 million on the date of the contract, and the remaining 1.8 billion won on March 30, 2008 (No. 2; hereinafter “instant land sales contract”).
B. In addition, the Defendant, among the instant land on the same day, purchased all the superficies including the instant building (hereinafter “instant superficies”) from the Plaintiff, while owning a building with an unauthorized steel structure of approximately KRW 250 square meters on the ground of Incheon Cheongjin-gun, Incheon, and claimed superficies on the instant land, and concluded a contract to sell all the superficies including the said building (hereinafter “instant superficies”). The down payment of KRW 100 million on December 26, 2007, the date of the contract, and the down payment of KRW 300 million on April 5, 2008 and December 31, 2008, respectively, to pay the remainder of KRW 600 million on December 30, 201 (Evidence A; hereinafter “instant superficies sales contract”).
C. After that, when the Defendant cannot pay the remainder on its own account of the remainder payment date of the land sales contract of this case, the Defendant added “F” to the buyer column of the instant land sales contract (Evidence B) with D on April 4, 2008, and changed the instant land sales contract by using the contract date as “F, April 4, 2008” and “No. 30, April 30, 2008,” respectively.
Then, on April 16, 2008, the Defendant and F completed the registration of ownership transfer of each of the instant land on April 16, 2008, at the same time, the joint collateral of KRW 1.4 billion for each of their own shares and completed all payments of KRW 1.8 billion for the remainder of the purchase and sale contract of the instant land to D with the money loaned from the Gyeyang Saemaul Depository.
Nos. 1, 5, and 1, if not indicated, the number.