1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The Plaintiff had a 55,438 square meters of C forest land, D forest land 61,235 square meters, E forest land 3,922 square meters (hereinafter “each land of this case”) in Chungcheongnam-gun, Chungcheongnam-do.

The plaintiff's increase of the number of children was five, and each of the above children P (the plaintiff's father), Q, R, F, and G were owned by inheritance. On December 11, 1984, in accordance with the Act on Special Measures for the Registration of Real Estate, the registration of preservation of ownership was completed by 1/5 shares for the land of this case.

After that, Q donated 1/5 of its own 1/5 shares to ASEAN on September 21, 2006 and completed the registration of ownership transfer on September 26, 2006. P died on November 3, 2013 and acquired 1/5 shares by inheritance by agreement and division, and completed the registration of ownership transfer on December 1, 2014. R died on October 16, 2010 and transferred 1/5 shares of R to 3/45 shares of J, its wife, and 2/45 shares of K, L, and M, its children, respectively, and completed the registration of ownership transfer on January 5, 2015.

On December 20, 2014, the Defendant concluded a sales contract with the Plaintiff and N on December 20, 2014, each of the instant lands as KRW 1,000,000 with respect to each of the instant lands, as the co-owners of each of the instant lands, and entered into a sales contract with the said F, G, H, I, J, K, K, L, and M (hereinafter “instant co-owners”).

(hereinafter “instant sales contract”). After then, pursuant to the instant sales contract, the Defendant paid the instant co-owners KRW 1,00,000,000 as the sales price, and KRW 1,00,000,000 as the total amount of KRW 1,00,000 on February 5, 2015. Co-owners of the instant case completed the registration of ownership transfer on February 13, 2015 under the Defendant’s name as to each of the instant land.

Meanwhile, N received total of KRW 15,000,000 from the co-owners of the instant case as a brokerage commission for the instant sales contract from December 21, 2014 to December 22, 2014. The Plaintiff received KRW 50,000,000 from the Defendant, separate from the sales price on December 20, 2014, the date of the instant sales contract.

[Reasons for Recognition]