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 used an office together with I and engaged in civil engineering works, etc., and the Defendant is in a de facto marital relationship with I.

B. D had a plan to develop the land of 2502 square meters, E, 2502 square meters and F forest land of 4213 square meters (hereinafter “each land before subdivision,” and, if each land is named, “Before subdivision,” the land before subdivision”) as a housing site and sell it in installments.

On April 2014, D awarded a contract to the Plaintiff and I for the package construction of access roads to each land before division.

C. On June 30, 2015, the Defendant: (a) purchased KRW 803 square meters of land, and KRW 1,282 square meters of land before subdivision from D on the same day; and (b) paid KRW 20,000,000 on the same day.

Upon entering into the above sales contract, the Defendant and D stipulated the special terms and conditions that “if permission is granted on two parcels of land, the balance will be paid after the installment is finalized, and the area shall be increased or decreased at the time of the installment determination.”

Since then, on January 23, 2016, the Plaintiff independently contracted the site creation work for each parcel of land before subdivision from D.

E. Each land before subdivision was divided into several lands on June 9, 2016. On June 30, 2016, the Defendant drafted a contract to purchase KRW 813,00,000 for KRW 73,80,000, which is one of the divided lands, from D on June 30, 2016, and paid any balance to D, and completed the registration of ownership transfer with respect to the instant land as a result of sale on July 7, 2016, the Gwangju District Court’s Netcheon Branch Branch Decision No. 33404, Jun. 30, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 9, Eul evidence Nos. 1, 2, 5, and 14, the purport of the whole pleadings

2. The Plaintiff’s assertion is to purchase part of the land before subdivision at a low price instead of constructing access roads and site construction works for each land before subdivision from D without profit.