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.

1. Basic facts

A. The plaintiff and the defendant are both male and female, and C is the defendant's male and female who is punished by the plaintiff.

B. Since 198, C owned D Apartment 112 and 205 (hereinafter “instant apartment before reconstruction”) under the name of Dong E. However, as reconstruction was promoted in D apartment complex around 2002, the instant apartment before reconstruction was registered as a trust in the future of the reconstruction association.

C. After that, on December 12, 2003, C sold the instant apartment before reconstruction to the Plaintiff, a Dong-in, and on August 3, 2005, the Plaintiff, as a reconstruction member of the said apartment complex, sold the F apartment complex No. 111 and 802 (hereinafter “instant apartment”).

After that, on November 22, 2006, the Plaintiff transferred the right to sell the apartment of this case to Defendant’s wife G, and the real estate sales contract (hereinafter “instant sales contract”) prepared at the time stated that the Plaintiff received KRW 23,000,000 as sales price.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, Eul evidence 2 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s apartment building in this case was owned by the Plaintiff, and upon the Defendant’s request, sold it to the Defendant, and as a purchaser, G, the Defendant’s wife, was the buyer. The purchase price of the instant apartment was lower than the actual purchase price (38,000,000 won) in the sales contract of this case.

Meanwhile, the Defendant imposed the Plaintiff’s punishment on the purchase price of the apartment of this case to C, one’s own partner, and did not pay the purchase price at all.

Therefore, the Defendant is obligated to pay the Plaintiff the above purchase price of KRW 38,000,000 and damages for delay.

B. The apartment of this case was actually purchased by G, not the Defendant, and the sales amount was fully paid to KRW 23,000,000.

Therefore, the defendant is the plaintiff of this case.