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. Around July 2016, the Plaintiff entered into a sales contract with the Defendant on the condition that the part of the land (hereinafter referred to as “instant land”) out of the 129 square meters in the Gyeong-gun, Chungcheongnam-gun, Busan-do (hereinafter referred to as “instant land”) should be purchased at KRW 10 million, and that the purchase price shall be paid after three years.

B. E engaged in the construction business with the trade name of “D” constructed a prefabricated-type housing of approximately 11.5 square meters on the ground of the instant land from September 2016 to December 2016 (hereinafter “instant housing”). The construction price was most paid by the Plaintiff to E in the way that the Defendant re-transfers the money to the Defendant.

C. The Plaintiff is residing in the instant house after completion of the instant house on or around December 2016.

Around December 2018, 2018, d.

On the other hand, the newly constructed house of this case is part of the adjacent land erosion.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, witness E and F of the first instance trial, the purport of the whole pleadings

2. On July 2016, the Plaintiff’s summary of the Plaintiff’s assertion is to construct housing on the ground of the instant land from the Defendant, and the Plaintiff received a proposal from the Defendant to purchase the said land and housing and to pay the purchase price after three years, and accepted the proposal, and paid KRW 25,200,000 to the Defendant as the construction cost of the instant building from August 2016 to December 2016.

However, since the instant house constitutes an illegal building, the Defendant cannot perform the obligation to transfer the said house to the Plaintiff. The Plaintiff and the Defendant’s sales contract cannot achieve its purpose.

Accordingly, the Plaintiff cancelled the above sales contract through the complaint of this case, and sought the return of KRW 25.2 million paid at the construction cost of the building of this case.

3. First of all, we examine whether the Plaintiff purchased the instant land and the building on its ground from the Defendant and paid 25.2 million won as construction costs.

Modern, A.