1. The plaintiff's appeal is dismissed.

2. The defendant, upon the second preliminary claim added by this court, shall be the plaintiff.

1. Basic facts

A. The plaintiff and the defendant are South Korea, and the plaintiff is residing in Japan.

B. On July 8, 2002, the registration of ownership transfer was completed on July 8, 2002 in the name of the Plaintiff and the Defendant’s mother C (hereinafter “the deceased”).

The Plaintiff paid KRW 230 million to the Defendant with the purchase fund of the instant land.

C. On January 24, 2011, the Deceased died, and on April 6, 2011, the registration of transfer of ownership in the name of the Defendant was completed due to inheritance due to the consultation and division.

The land category of the instant case was changed to the “factory site” on January 6, 2012, and around that time, the Defendant newly constructed three factories buildings on the instant land.

On May 22, 2013, the Defendant sold the instant land and its ground factory in KRW 875 million, and completed the registration of ownership transfer to a purchaser on July 11, 2014.

E. On March 6, 2014, the Defendant paid KRW 100 million out of the purchase price of the instant land to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 30, and the purport of the whole pleadings

2. Judgment on the primary claim and the primary claim

A. The actual owner of the instant land, which is the primary claim of the Plaintiff’s assertion, is the Plaintiff.

After the death of the deceased, the heir, including the plaintiff and the defendant, agreed to register the ownership under the name of the plaintiff, but the defendant made the registration of ownership transfer at will against this fact.

On April 28, 201, the defendant received a claim from the plaintiff, and invested the purchase fund of the land of this case to the plaintiff on April 28, 201, and registered ownership transfer in the defendant's future for convenience. Therefore, the defendant will settle and pay the balance after deducting various expenses from the disposal price of the real estate of this case.