1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. On March 25, 2014, the Plaintiff entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet of the first instance judgment (hereinafter “instant real estate”) to the Defendant at the purchase price of KRW 1.95 million (not setting the payment period) (hereinafter “instant first sales contract”), and entered into a special agreement with the following terms and conditions.

Article 5 The Defendant shall pay to the Plaintiff for three months, approximately KRW 4 million, which is about 50% of the interest on loans in the current trading list.

In the event that the transfer of ownership is not possible due to the settlement of any balance after three months from the date of the contract under Article 6, the defendant bears the interest and taxes on loans (1.478 million won) listed in the separate sheet of sale and purchase as well as the medical insurance of the plaintiff's monthly pension and pension (20,000 won per month).

When a contract under Article 8 is concluded and a compensation for development of real estate sold prior to the transfer of ownership becomes final and conclusive after the contract, the Plaintiff shall pay capital gains tax for not more than 1.95 million won and the capital gains tax accrued from not less than 1.95 billion won shall be borne by the Defendant. The compensation profit, other than the purchase price of not less than 1.95 billion won, shall be the Defendant’s profit.

B. On April 28, 2015, the Plaintiff completed the registration of the establishment of a mortgage over KRW 300 million with respect to the instant real estate (hereinafter “registration of the establishment of a mortgage over the instant case”) in the name of the Defendant.

C. On July 12, 2017, the Plaintiff entered into a sales contract with Dlim Development Co., Ltd. (hereinafter “Dlim”) that wishes to implement an industrial complex development project on the instant real estate and entered into an agreement on land compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) to sell the instant real estate at Dlim with the purchase price of KRW 2.910 million (hereinafter “Second sales contract of this case”). On July 28, 2017, the Plaintiff entered into a sales contract to sell the instant real estate at Dlim (hereinafter “Second sales contract of this case”).