1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 5, 2014, the Defendant’s father C, on behalf of the Defendant, was divided into 3,062 square meters from 18 May 18, 2015 to 38 square meters from 3,062 square meters in Pyeong-gun E, Chungcheongnam-gun, the Defendant owned on behalf of the Defendant, and changed the land category into O on September 10, 2015;

The sales contract of this case, at the time of the conclusion of the sales contract of this case, states that the subject matter of the sale is a size of 165 square meters in Hagu-gun, Chungcheongnam-do. However, the said F land is a size of 569 square meters on the register, and H large 147 square meters was divided from the said F land on August 12, 2014.

The Plaintiff and Defendant D were divided through an agreement made on August 27, 2015, and only the land, which was the land after the accident, as the subject matter of the instant sales contract.

(hereinafter “instant land”) agreed to sell KRW 300 million (hereinafter “instant sales contract”).

D performed the construction of new apartment (hereinafter “instant apartment”) on the ground of the instant land, and transferred the rights and obligations relating to the said construction to the Plaintiff.

B. On November 10, 2014, the Plaintiff, the Defendant, and D agreed to change the purchaser of the instant sales contract to the Plaintiff, and concluded a special agreement that “the Plaintiff shall preferentially settle the land price to the fourth generation of the instant apartment complex in the first order after completion.”

C. On September 11, 2014, the Plaintiff each lent KRW 20 million to the Defendant (hereinafter “instant loan”) on November 28, 2014, and KRW 10 million on November 28, 2014.

On May 26, 2015, the Plaintiff completed the instant apartment on the ground of the instant land.

E. The Defendant filed a lawsuit against the Plaintiff, who did not perform the duty under the special agreement under the foregoing item (b), as the Gwangju District Court 2015Gahap3022, on July 20, 2015, filed an application for provisional disposition prohibiting real estate disposal for part of the instant apartment (hereinafter “related lawsuit”) with the Gwangju District Court 2015Kahap484 on July 20, 2015.