1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) had undertaken a new construction project of multi-family housing in the Gyeongdong-gun C of the Gyeongdong-gun, Chungcheongnam-do.

나. 원고는 2006. 11. 29. B과 사이에 원고가 B에게 원고 소유인 ① ㉠ 경북 칠곡군 D 전 5,414㎡, ㉡ E 전 6,560㎡, ㉢ F 임야 4,789㎡, ㉣ G 임야 4,773㎡ 중 각 9824.5/10,678.1 지분, ② H 임야 1,110㎡(이하 위 5필지의 토지를 통틀어 ‘이 사건 각 토지’라 하고, 차례대로 ‘제1 내지 5토지’로 특정한다)를 6,538,400,000원에 매도하는 내용의 매매계약(이하 ‘이 사건 매매계약’이라 한다)을 체결하였다.

C. At the time of the conclusion of the instant sales contract, the Plaintiff and B planned to substitute the land of paragraphs 1 through 4 with I,824.5 square meters and J 853.6 square meters. Of them, B purchased the land of I,824.5 square meters with specific land of I,9,824 square meters, and as if they purchased shares of paragraphs 1 through 4 before the completion of the replotting, they completed the registration of co-ownership as if they purchased shares of 9,824.5/10 of the land before the completion of the replotting, and they agreed to adjust the registry upon the completion of the replotting (hereinafter “instant agreement”). At the time of the completion of the replotting, the Plaintiff and B completed the registration of ownership transfer under the Daegu District Court’s Busan District Court’s receipt of the shares and No. 29916.

The Plaintiff and B entered into a real estate security trust agreement with Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) with respect to the entire land of this case as a priority beneficiary (hereinafter “the instant real estate security trust agreement”), and completed the trust registration in the name of the trust company under the Daegu District Court Doldong District Court 2917 received by the trust office as to each of the instant land.

B Pursuant to the real estate security trust contract of this case on the same day.