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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 16, 2009, the Plaintiff entered into a contract with the Defendant’s father D on October 16, 2009 on the purchase price of KRW 100 million (the contract amounting to KRW 98,500,000,000,000, and KRW 1.5 million,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000)
(hereinafter “instant sales contract”). This contract is an unauthorized building of state and public land and is a sales contract for only a building, and the above area of the land is the area used for the maintenance of the building (80 square meters and the area used as a separate drawing) and is transferred by transfer of the right to occupy and use the land once. The seller succeeds to and transfers the lease contract for Gu property and the payment receipt of the fee, etc., and is accompanied by administrative procedures necessary for the sale and transfer procedure, and the land user fee shall be settled on the basis of the balance date
A lease deposit and monthly rent for tenants shall be succeeded.
(5) b).
On the same day, D representing the defendant, prepared and delivered a letter of performance that "if it is impossible to acquire the right to move into an apartment at the time of subsequent development of the subject matter of sale (unauthorized building) in the name of the defendant, the seller would be deemed null and void of the sales contract and promise to return the full purchase price."
C. According to the instant sales contract, the Plaintiff paid the purchase price of KRW 98.5 million to D representing the Defendant, succeeded to KRW 1,000,000,000,000 for the lease deposit under a lease contract concluded with the lessee E, and paid the rent of KRW 737,390 for the Gu property imposed on the Defendant in 2009, and entered into a lease contract for Gu property with Nowon-gu in 2010.
On the other hand, there are two buildings on the instant site as a result of a survey on obstacles related to the F Housing Redevelopment project implemented around March 2013 to June, 2013, and one unit is located on the instant site.