1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3. Claim for the costs of appeal.

1. Basic facts

A. On June 9, 2003, C, D, and E (hereinafter “C, etc.”) purchased approximately 1,200.3 square meters (hereinafter “instant land”) from the members of Ansan-si, Ansan-si, and entered into a partnership business agreement to newly construct and sell the G commercial building (hereinafter “instant commercial building”) on the ground and distribute profits therefrom, and completed the registration of ownership transfer as to each of 1/3 shares of the instant land on September 22, 2003.

B. C on September 22, 2003, extended KRW 2,000,000 to the National Agricultural Cooperative Federation (hereinafter “Agricultural Cooperative”) for the instant land by setting up a collateral on the instant land.

C. On October 29, 2003, C et al. awarded a contract to the H Co., Ltd. for the construction of the instant commercial building, and performed the construction. However, as the construction cost falls short of the construction cost, C et al. first recruited persons to be sold and appropriated for the construction cost.

C A. On January 15, 2004, the Plaintiff, a partner of E, entered into a contract to sell KRW 102,00,000 for the sales price of KRW 442,00,00 for the instant commercial building, and KRW 103 of the instant commercial building for KRW 319,280,000 for the sales price, and received KRW 200,000 in total the down payment on the same day.

E. However, the Plaintiff filed a lawsuit against C and D seeking the return of each down payment and the payment of penalty on the grounds of the cancellation of the sales contract set forth in 102 and 103 of the instant commercial building.

On September 19, 2014, Seoul High Court Decision 2013Na57223 decided that “C and D shall jointly and severally pay to the Plaintiff KRW 400,000,000 and its delay damages, etc.” was finalized on January 15, 2015.

F. Meanwhile, on May 27, 2008, the Defendant purchased D’s share in D’s new construction and sale of the instant commercial building in KRW 1.2 billion by acquiring D’s share in D’s 1/3 of the instant land from among the instant land, but at KRW 1.2 billion, the Defendant deducted KRW 530,000,000,000, which is the amount of KRW 1/3 of the instant land borrowed from agricultural cooperatives as collateral for the purpose of carrying out the sale business in the name of 1.2 billion, after deducting KRW 670,000,000, which is the amount of KRW 1/3 of the instant land.