1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The 1,510 square meters of a site for the gas station in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) and the gas station on the ground thereof (hereinafter “instant gas station”) were owned by D, and the ownership transfer registration was completed on August 17, 2004 under the Plaintiff’s wife E, while the actual owner is the Plaintiff.

B. On September 2006, the Plaintiff sold one half of the share of the gas station of this case to the Defendant at KRW 1.5 billion, but entered into a share transfer agreement with the Defendant to make the registration of ownership transfer under the name of the Defendant for the entire gas station of this case (hereinafter “instant share transfer agreement”). On October 18, 2006, the ownership transfer registration under the name of the Defendant was completed regarding the instant land and gas station.

After that, around December 2007, the defendant purchased the remaining 1/2 shares of the gas station of this case in KRW 1.5 billion.

C. However, as to the instant gas station, there was a lawsuit seeking revocation of the disposition to select a business entity that had been rendered by the Ulsan-gun Office in Ulsan-gu, Ulsan-do, and the first instance court rendered a decision that the disposition to select the business entity was revoked, and on September 28, 2006, the revocation of the disposition to select the business entity became final and conclusive as the above judgment became final and conclusive.

Accordingly, on December 6, 2007, the Plaintiff drafted a sales contract (No. 2) with the purport of compensating for damages equivalent to the purchase price paid by the Defendant, and on December 23, 2007, the Plaintiff drafted a sales contract (No. 3. 3 billion won for the instant land and gas station (a contract amount, KRW 300 million for the intermediate payment, KRW 70 million for the intermediate payment) with the purport of compensating for damages equivalent to the purchase price paid by the Defendant. On December 27, 2007, the Defendant received KRW 300 million for the down payment from the Plaintiff on December 27, 2007.

E. After that, on March 28, 201, the Plaintiff concluded a sales contract to sell the instant land and gas stations to two other F and F, not less than KRW 3 billion, and paid the intermediate payment and balance to the Defendant with the purchase price received from the buyer.

by buyers such as F. F.