1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in the real estate list (hereinafter “instant real estate”) and its site in Daegu Northern-gu C and D land at KRW 1.5 billion (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant drafted a sales contract (hereinafter “instant sales contract”) and, unlike the actual transaction, entered the sales price column in KRW 1 billion.

C. The Plaintiff paid the Defendant the purchase price of KRW 1.5 billion up to August 28, 2017 in accordance with the instant sales contract, and on August 28, 2017, the registration of ownership transfer based on the instant sales contract was completed in the future for the Defendant regarding each of the said real estate.

At the time of the payment of the remainder after the above sales contract, the Plaintiff and the Defendant are as follows.

A new sales contract concerning the instant real estate (hereinafter “the second sales contract of this case”) was prepared by stating 1.5 billion won, such as the purchase price of each parcel of land entered in the port as actual.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. As the Plaintiff did not deliver the instant real estate to the Plaintiff, the Plaintiff sought delivery of the instant real estate pursuant to the instant sales contract, and at the same time sought payment of money as stated in the purport of the claim due to damages or unjust enrichment due to nonperformance of the above duty of delivery.

3. The defendant's defense was proved by a special agreement that the defendant allowed the defendant to use the real estate of this case free of charge for ten years at the time of the sales contract of this case, and thus, he cannot respond to the plaintiff's claim.

The first sales contract which was concluded at the time of the instant sales contract according to the purport of the entry of No. 4 and the entire argument.