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1. The judgment of the first instance is revoked, and the plaintiffs' primary claims are dismissed.
2. The plaintiffs added in the trial.
Reasons
1. The plaintiff's husband and wife purchased D forest 2,983 square meters (hereinafter "the land in this case") from the defendant as land transaction permission area (on November 14, 2002) in the amount of KRW 12,2280,000,000 (round October 26, 2005, the plaintiff's husband and wife purchased the land in this case from Non-Party F and entered into a sales contract with F and a sales contract. The plaintiff's husband and wife knew that F purchased the land in this case from a third party under the name of the defendant, with the knowledge that F would purchase the land in this case from the defendant, and prepared a sales contract with F and a sales contract retroactively on the date of preparation, 200,000 won, 80,000 won, from the date of conclusion of the contract, intermediate payment, October 28, 2005, respectively.
(2) The Plaintiff and the Defendant agreed to obtain a collateral security from the Defendant before obtaining land transaction permission with respect to the instant land, and the Plaintiff agreed to obtain a collateral security (the instant sales contract contains “land transaction and non-transferable condition”) and accordingly set the remaining payment period of KRW 2,280,000 as “after the establishment of a collateral security right with respect to the instant land”. The Plaintiff and the Defendant agreed to obtain a collateral security right with respect to the instant land at the time of the said sales contract (the instant sales contract stipulates “after the establishment of a collateral security right with respect to the instant land,” while the Plaintiff and the Defendant set the payment period of KRW 2,228,00 as “after the establishment of a collateral security right with respect to the instant land.”
(2) Nonparty F entered into a title trust agreement with the Defendant, purchased the Jri-ri land in the name of the Defendant in Gwangju City, including the instant land, and carried out land development projects through conversion of mountainous districts.
Accordingly, the Defendant received the registration of ownership transfer on March 21, 2006 from K and L, a co-owner of the instant land.
(3) On the other hand, the Plaintiffs.