1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 28, 2001, C completed the registration of ownership transfer with respect to D Forest land 33,917 square meters (hereinafter “instant land”). On August 30, 201, C died on August 30, 201, while administering the instant land into “malinal virus of Amar Line”.

B. Meanwhile, on August 28, 2013, E entered into a sales contract with the Defendant to sell the instant land at KRW 40 million on behalf of the network C (hereinafter “instant sales contract”) and completed the registration of ownership transfer as to the instant land’s claim on August 29, 2013.

C. The Plaintiff is one of the deceased C’s successors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. The instant sales contract between C and the Defendant is null and void by means of a false declaration of agreement, or E entered into the instant sales contract without the power of representation as to the conclusion of the instant sales contract, on the grounds that the network C’s summary of the Plaintiff’s assertion was not sufficient to sell the instant real estate two (2) days prior to the death of the Defendant.

3. According to the reasoning of the judgment below, Gap evidence No. 12, and the above evidence, it can be acknowledged that the deceased C was unable to die and the defendant sold the land of this case at a price lower than the officially announced land price, but the above circumstance alone alone did not have the power to represent Eul as to the sales contract of this case.

It is difficult to readily conclude that the instant sales contract was by false conspiracy, and there is no other evidence to acknowledge it. Rather, according to the purport of the entire pleadings and the testimony of the witness F, the real estate broker F, the office G of a certified judicial scrivener entrusted with the registration affairs directly visit the office of the deceased C with the Defendant and E on August 29, 2013, which is the remainder payment date, and verified the intention of the deceased C, and received the seal from the registration-related documents.