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.

Basic Facts

In the process of the conclusion of the first sales contract between the Plaintiff and the Defendant, the Plaintiff was a corporation established for the purpose of manufacturing a heat exchange ventilator, etc., and applied for approval of the establishment of a new factory in order to establish a new factory in the land unit E in the Dong-gu, Chungcheongnam-gu, Seoul. To this end, it is necessary to open a access road more than 10 meters wide from the planned site for the construction of the new factory to the F local area.

Therefore, the Plaintiff planned from the above local roads to the scheduled site for the construction of a factory in straight line to use the village path of 3 meters wide from the previous site for the road as an access road by expanding the width of 10 meters. In order to purchase the necessary site, the Plaintiff concluded a sales contract by determining the purchase price of KRW 1,815,00,000 among the Defendant as to the site necessary for the road expansion on November 29, 2013 and each land listed in the separate sheet (hereinafter “each land of this case”) as the purchase price of KRW 1,815,00,00 among the Defendant, and agreed to pay the down payment of KRW 1,00,000 on February 6, 2014 (hereinafter “the first sales contract of this case”). The Defendant paid the down payment of KRW 100,000,000 (hereinafter “the down payment”).

At the time of the first sale contract, each of the instant lands was registered in the name of the Defendant, the Defendant’s mother, H, East I, or J in the relationship of affinity, but the Defendant entered into a contract on behalf of the Defendant.

On November 201, 2013, the time when the Plaintiff purchased each of the instant lands, the Plaintiff requested the construction of private road services and authorization and permission services necessary for the construction of factories to the limited partnership future survey design work (the preparation of the fixed service contract was made on December 27, 2013, after the completion of the basic investigation into the current status of each of the instant land and village roads) and the future survey civil engineering design work for this purpose.