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1. Revocation of a judgment of the first instance;
2. The plaintiff (appointed)'s claim is dismissed in entirety.
3. The total cost of the lawsuit.
Reasons
1. The following facts may be acknowledged in full view of the overall purport of the pleadings in Gap evidence Nos. 1, 2, 3, 11, 17, 19, and Eul evidence No. 1 (including each number), and the whole purport of the pleadings.
On June 15, 201, the Plaintiff (Appointed Party; hereinafter the Plaintiff) entered into a sales contract on behalf of the designated parties D and the wife C, which sells the E land owned by the designated parties D at KRW 37,60,000 in the purchase price, and KRW 133,200,00 in the purchase price (hereinafter each of the instant sales contracts) on behalf of the designated parties D and C.
B. On June 15, 201, which is the date of the conclusion of each of the instant sales contracts, H entered into a contract with H for the construction cost of KRW 309,200,00 for the construction of a new factory (hereinafter the instant factory) and the construction of a factory site and the construction of a factory site (hereinafter the instant construction) on each of the above lands (hereinafter referred to as the “instant contract”). Article 3 of the instant contract provides that construction cost shall include (i) all construction works by a construction permit book, (ii) design cost, (iii) alternative forest creation cost, farmland preservation charge, etc.
(However, H, on May 12, 2009, lent the name of the defendant and registered the business in the name of "I", and under the contract of this case, the contractor is the defendant who lent the name to H and is registered as the representative of "I").
Each of the instant sales contracts provides, “The right of the second class neighborhood (manufacturing Business) permitted in the name of the seller to the land shall be changed to the name of the building owner at the same time as the transfer of the ownership of the land is to be changed to the name of the buyer.” The Plaintiff paid KRW 24,043,380 as the design cost, standing timber cost, boundary survey cost, and permission-only cost to obtain the said building permit.
In addition, the Plaintiff’s construction capital after H commenced the instant construction work.