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The plaintiff's appeal and the main claim expanded by this court and the additional claim are all dismissed.
Reasons
1. Basic facts
A. On November 25, 2015, the Defendant: (a) at the voluntary auction procedure (U.S. District Court Innju Branch E); (b) won of Gyeonggi-gun C forest 573 square meters (hereinafter “the instant land”); and (c) paid the sale price on January 5, 2016; and (d) completed the registration of ownership transfer on the instant 1 and 2 land on January 8, 2016; (b) at the time of the instant land, there were 90 square meters of a light-weight structure for the spony roof for the spony structure for the completion of the construction of ownership; and (c) there were 90 square meters of a single house for the spony roof (hereinafter “the instant building”).
B. Since then, the Defendant filed a lawsuit against F, G, H, I, and J (U.S. District Court Branch Decision 2016Kadan50803, Jun. 17, 2016) against F, G, H, I, and J, and accordingly, the Defendant paid H KRW 70,000 as the purchase price of the instant building, and KRW 50,000,000,000 shall be paid to H, and ② The five persons, F, etc. transfer the ownership of the instant building to the Defendant, transfer all rights, such as the building permit, and five persons, such as F, transfer the ownership of the instant building, and transfer the ownership of the instant building to the Defendant, and accordingly, transfer the co-ownership shares (82/178) in the name of L (82/178) in the name of Gyeonggi-gunK before which the Defendant acquired ownership of the instant building.
C. On September 12, 2016, the Defendant paid KRW 50 million to the Plaintiff, and the Plaintiff completed the construction to complete the instant building.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 14, Eul evidence 2 and the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion that around September 2016, the Defendant provided the instant KRW 10,200,000 for land and building and construction cost of KRW 50,000,000, and the Plaintiff provided the remainder of construction cost and human resources, and then, upon completion of the instant building, the Plaintiff disposes of the instant land and completed building, and then disposes of the instant land and completed building, thereby bringing the Defendant to bring the remainder of the construction cost to the Plaintiff.