1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

1. Basic facts

A. On March 15, 2013, C included the instant real estate from the Defendant for the purpose of acquiring marginal profits from resale on March 15, 2013, 100, and 10 units of 108, 109, 110, 202, 203, 204, 301, 302, and 304, and 2.7 billion won of intermediate payment, 40 million won of intermediate payment, and 2.1 billion won of the remainder may be changed at the time of transfer of ownership, and in a special agreement, the buyer directly deposited down payment and intermediate payment into the seller’s account when the buyer concludes a sale and lease contract with a third party.”

B. C borrowed KRW 200 million from the Plaintiff to pay the said down payment, and on March 15, 2013, the Plaintiff deposited KRW 200 million into the Defendant’s account opened by C.

C. Afterwards, the sales contract for the instant real estate was prepared on March 15, 2013 by the Plaintiff, the seller, the Defendant, the seller of the instant real estate, and the date of the contract as of March 15, 2013 (hereinafter “instant sales contract”). The cover of the instant sales contract, the price for the sale, and the buyer’s column are affixed with the seals of both C and D, and the Plaintiff’s signature is not affixed.

On April 15, 2013, the Plaintiff deposited KRW 75,777,395 in the Defendant’s account in the name of N (Plaintiff’s wife) and deposited KRW 12,60,720 in the account of the certified judicial scrivener E on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 8 (including paper numbers; hereinafter the same shall apply), Gap witness C's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, like the content of the instant sales contract, alleged in the first instance court that the sales price of the instant real estate was KRW 273,897,395 (Value 14,57,395), and changed the claim that the Plaintiff was KRW 263,320,00 in the trial. However, the Plaintiff claimed in the first instance court that the sales price was KRW 273,897,395 (Value 14,57,395).