The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. A. Around 2006, the ownership relationship and current status of the land and buildings related thereto (1) around 2006, the Defendant owned the Jongno-gu Seoul Jongno-gu Seoul E-type 46 square meters (hereinafter “instant land”).

(2) Around that time, on the surface of Jongno-gu Seoul Metropolitan Government H land adjacent thereto, there was an unauthorized building (area: 52.79 square meters, management number: I; hereinafter “Jho Lake”) registered and managed by the Defendant on the unauthorized Building Management Register (hereinafter “Unauthorized Building Register”).

(3) In addition, on the instant land, an unauthorized building on which the name of the owner on the ledger of an unauthorized building was registered as K was two debentures (i.e., 142.15 square meters in size, building number: F; F; hereinafter referred to as “L-site building”; ii) size: 9.17 square meters in size, building number: G; hereinafter referred to as “M-site building”).

B. (1) Around 2006, the Defendant died before Q’s father, who had operated a N Licensed Real Estate Agent Office near the instant land, as a real estate broker’s father who had been qualified to engage in real estate brokerage.

From the point of view, the Defendant was offered to sell the instant land and the O-ho building owned by the Defendant at KRW 120 million, and requested that he/she act as a broker for sale.

(2) On August 25, 2006, the said real estate broker sold the instant land and J-ho building to D on behalf of the Defendant at KRW 120 million.

(3) Based on the above sale, on September 6, 2006, the instant land had been transferred to D from the Defendant, and on October 31, 2006, the name of the owner on the ledger of unauthorized Building was changed from the Defendant to P.

The name of the owner of Jho Building was changed from P on January 10, 2012 to the Plaintiff.

(4) The Plaintiff is the father of D, and P is the father of D.

C. (1) The Defendant and D lost a sales contract, etc. as to the instant land and Jho Lake Building.

(2) On January 2020, the Plaintiff found Qu, which operated the above real estate brokerage office, and concluded a sales contract for the instant land.