1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. On May 10, 2005, C entered into a sales contract with D and D to purchase the instant real estate at KRW 159,400,000,000, with regard to the E 2,635 square meters (hereinafter “instant real estate”) inherited from their father, and upon setting the sales amount as KRW 159,40,000,000, and the said construction was carried out as a stable in the instant real estate.

C paid the full purchase price of the instant real estate to D by December 2005.

B. C is determined to invalidate the above sales contract with D in order to resolve the succession of the right to construct a stable, which was stipulated by a special agreement under the above sales contract. In order to secure the sales price already paid on December 6, 2005 and the cost of a stable construction, C completed the registration of the establishment of a neighboring mortgage with the content of KRW 330 million with respect to the instant real estate as the maximum debt amount, the debtor D, and the creditor C.

C. On July 16, 2008, C and D drafted a performance agreement stating that “A immediately after D sells the instant real estate to a third party, C shall pay the amount of damage and the full purchase price paid to D through livestock pens construction.”

On July 17, 2008, the Plaintiff purchased the instant real estate from D as a broker by the Defendant, who operated the F Licensed Real Estate Agent Office, with the purchase of KRW 285 million, and the down payment of KRW 30 million on the day of the sales contract; the intermediate payment of KRW 120 million on August 12, 2008; and the remainder of KRW 135 million on September 12, 2008 (hereinafter “instant sales contract”); and paid KRW 30 million on the same day as the down payment.

The sales contract prepared at the time of the conclusion of the instant sales contract contains the following special terms and conditions:

The main contract with a special agreement is an area subject to land transaction permission, and if a purchaser is unable to obtain land transaction permission, the contract shall be retroactively null and void from the date of conclusion of the contract, and the purchase price paid shall be returned to

. At present;