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. A. Around August 2007, the Plaintiff and the Defendant calculated the amount of KRW 6,942 square meters (2,100 square meters and 2,100 square meters; hereinafter “land before subdivision”) for the Defendant, at the time of Sejong-si, as KRW 150,000 per square meter, and entered into a land sales contract that sells the amount of KRW 315,000,000 for purchase price.

B. On September 21, 2007, the land before subdivision was divided into three parcels (H through H 4, 1,350 square meters, and hereinafter “Bs land”), other than 2,748 square meters (750 square meters; hereinafter “instant land”). On October 15, 2007, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name with respect to each of the instant land on the said land.

C. From August 28, 2007 to October 16, 2007, the Defendant paid to the Plaintiff KRW 315,000,000 as the purchase price stipulated in the above contract, five times ( KRW 28,000,000 on August 28, 2007, KRW 20,000 on October 15, 2007, KRW 26,000 on October 16, 2007, KRW 47,000 on October 16, 2007, and KRW 315,00,000 on the purchase price stipulated in the above contract, to the Plaintiff.

On November 2007, the Plaintiff and the Defendant drafted a new land sales contract with the purport that the Plaintiff calculated the instant land as KRW 150,000 per square meter and sold the instant land in KRW 112,50,000 to the Defendant.

E. On December 2, 2007, the Plaintiff sold part of H’s land (150 square meters) to E, one of the remaining land, at KRW 34,50,000 per square meter, in total, KRW 310,50,000 per square meter, and sold all of the remaining land to 310,50,000 won per square meter until April 30, 2008.

F. On December 28, 2007, the Plaintiff transferred KRW 90,000,000 to the Defendant’s account on January 31, 2008, KRW 22,50,000, and KRW 40,020,000 to the Defendant’s account on February 1, 2008, and KRW 32,000 to the Defendant’s account on February 29, 2008 (total KRW 274,536,000) and KRW 32,00 to the Defendant’s account on February 29, 2008 (total KRW 274,536,000).

G. As to the instant land, the registration of ownership transfer was completed on March 4, 2008 in the name of the Defendant.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 9, 14 through 16, 19, and Eul evidence No. 2