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.

1. Basic facts

A. On April 19, 2013, the Plaintiff and the Defendant submitted a letter of commitment to refuse to raise an objection to the CY Co., Ltd., the owner of the land of this case, including 1,884m2 and 5m2 (hereinafter “instant land”).

The above commitment states that the purchaser of the land in this case is the plaintiff and the defendant.

B. On May 2, 2013, the registration of ownership transfer was completed between the Plaintiff and the Defendant on May 2, 2013 with respect to each of the shares of 1/2 of the instant land.

C. On July 2013, the Plaintiff and the Defendant drafted a written consent to the use of the instant land in order to obtain a new permit for the construction of a row house in the name of each party, which newly constructs one unit of a row house on the instant land.

The Plaintiff and the Defendant submitted a written statement to the Gun Agricultural Cooperative, a person holding superficies of the instant land, by applying for the consent to use the land for the construction of each of the above tenement houses, such as providing the building as soon as construction is completed.

On August 16, 2013, the Plaintiff and the Defendant obtained a construction permit from the head of Seocheon-gu to one unit of multi-family housing in their respective names on the ground of the instant land on the ground of this case.

E. Meanwhile, KRW 950,00,000 for the purchase price of the instant land was paid KRW 910,000,000 for which the Plaintiff borrowed the instant land as collateral, and KRW 20,000,000 for which the Plaintiff was remitted from the Defendant, and KRW 20,000,000 prepared by the Plaintiff, and all expenses incurred for the registration of transfer of ownership other than the purchase price were paid by the Plaintiff.

In addition, in addition to the fact that the Defendant paid approximately KRW 60,000,000 out of the design cost of each apartment house above, the Plaintiff paid all the costs for new construction of each apartment house in addition to the payment of KRW 4,00,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8, 9, 11.