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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. The Plaintiff, D, and the Defendants are persons with superficies who obtained consent to land use and completed the registration of creation of superficies on August 24, 1994 with respect to the portion of 1,205 square meters (hereinafter “instant land”) out of 2,767 square meters of G miscellaneous land in Chungcheongnam-gun, Chungcheongnam-gun, the head office of a religious organization, and 2,174 square meters of H miscellaneous land, 2,174 square meters of land (hereinafter “two parcels”).
B. The above superficies registered the transfer of superficies on March 22, 2013 on the ground of the sale on February 1, 2013, and on March 22, 2013.
C. Meanwhile, on March 11, 2013, the Plaintiff received 20,000,000 won as the purchase price of the Plaintiff’s superficies shares in the instant land from J from March 1, 201, and issued a receipt to J.
(hereinafter referred to as “instant disposition contract”). / [Grounds for recognition] without dispute, Gap evidence 2, Eul evidence 1-1, 2, Eul evidence 2, Eul evidence 6-2, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) The Plaintiff sold the portion of the superficies of the instant land to the J that represented the Defendants, and received KRW 20,000,000 from the J, but at the time, the J that represented the Defendants concluded the instant disposition contract with the intent to conceal the fact that the superficies of the instant land had already been sold to the Plaintiff. The Plaintiff did not enter into the instant disposition contract if he had known that the superficies of the instant land had already been sold to the same amount. 2) Ultimately, the instant disposition contract was either by mistake of motive induced induced by the J that represented the Defendants or by active deception, and thus, the Defendants were jointly and severally and severally cancelled, and the Defendants were to the Plaintiff as the seller of superficies of the instant land of this case, the purchase price of KRW 33,3333,330,00 (= KRW 200,000, KRW 30,030, KRW 3030, KRW 330,030, KRW 230,030.