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The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. On January 22, 2016, the Plaintiff asserted that: (a) purchased the right to purchase the land for livelihood countermeasures in the E zone from Defendant B; and (b) remitted KRW 52,500,000 to Defendant B on the same day; (c) Defendant C promised to assume the responsibility for the acquisition of the said right to purchase the land purchased by the Plaintiff.
However, since the sale and purchase of the above sales right is null and void in violation of the relevant laws and regulations, Defendant B is an unjust enrichment resulting from the invalidation of a sales contract, and Defendant C is jointly and severally liable to pay the Plaintiff the above KRW 52,500,000 and the delay damages.
2. Determination
A. According to the Gap evidence No. 1 (including the branch number) as to the claim against the defendant B, the plaintiff remitted KRW 52,500,000 to the defendant B on January 22, 2016, and the plaintiff is recognized as holding the documents for securing the right to purchase and sell D, but the following circumstances are revealed in full view of the entries and arguments in Eul and Eul evidence No. 1, and the whole purport of the arguments. In other words, it is difficult to conclude that the transferred money is related to the transaction of D because the plaintiff and the defendant B were involved in the transaction of documents for securing the right to purchase and sell, and ② even if the transferred money is related to the transaction of securing the right to purchase and sell, it is highly probable that the plaintiff was involved as a broker, not the party to the transaction, and there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's claim against the defendant B is without merit.
B. According to the evidence No. 1-2 of the judgment as to the claim against the defendant C, the sale of the purchase right in the name of the defendant C shall be restored to the original state when the problem of the purchase right arises, and it shall be another thing.