1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant was scheduled to acquire the sale right of 27 square meters of commercial buildings located in Yeongdeungpo-gu, Suwon-si, Suwon-si, the Defendant was selected as a person subject to livelihood measures, as the building was incorporated into the zone D, and was planned to acquire the sale right of 27 square meters of commercial buildings located in the zone C (hereinafter “instant sale right”).

B. On July 14, 2006, before the right to sell the instant case was embodied, the Defendant sold the instant right to sell to Chokman E at KRW 42 million.

C. On October 16, 2006, E sold the instant sales right at KRW 44 million to the Plaintiff’s friendship (F), and accordingly, the Plaintiff, Defendant, and E concluded a contract with the effect that “E confirms the extinction of the right to sell the instant sales right and sell the instant sales right to the Plaintiff directly by the Defendant” (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

The indication of real estate which is the object of sale: the seller of the commercial site (8 square) arising at the seat of the Young-gu, Suwon-si, shall deliver all documents necessary for the registration of the transfer of the commercial site in the future to the buyer, cooperate in the procedure for the transfer of the name

The contract is a sales contract for the right to occupy commercial buildings following the removal and redevelopment of the location of the real estate.

F The F will assist in performing the above contract as a good faith and as a witness to the above contract.

The Plaintiff paid KRW 25 million to E on October 17, 2006, and KRW 19 million on November 14, 2006, respectively, as the transfer price of the instant parcelling-out right.

E. On April 9, 2009, when a building was incorporated into a D zone in Suwon-si, Suwon-si, the Defendant was selected as a person subject to livelihood measures, and the Defendant acquired the “right to sell a commercial building of 27 square meters, which shall be located in Yeongdeungpo-gu, Suwon-si, and the right to sell a commercial building of 27 square meters (hereinafter “instant right to sell a building”).

F. The selling authority of the land for livelihood countermeasures including the Defendant delegated the right to sell the land for livelihood countermeasures to H unions.