매매대금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant, from around 2003, delegated the owner of D forest land (hereinafter “D forest”) with all development activities, such as development activities on the said real estate, sale in lots, construction works, civil engineering works, etc.
B. On August 30, 2012, E entered into a contract for KRW 1.3 billion with respect to civil engineering works of 2 complexes with F and D areas requiring permission for development of forest and fields (hereinafter “G areas”).
C. E entered into a sales contract with H on November 22, 2012 with respect to KRW 1,000 (3300 square meters of C forest land after division; hereinafter “C forest land 1,000 square meters”) from the left-hand boundary among D forest land among D forest land, as an agent of the Defendant, in order to prepare the construction cost under the above construction contract with F, and entered into a sales contract with H for KRW 300 million of the purchase price.
On February 8, 2013, the defendant completed the provisional registration of the right to claim ownership transfer in I's name with respect to C Forest No. 1,000.
E. On October 24, 2013, the area of J forest is divided into 527 square meters and 1787 square meters of K forest from October 24, 2013, and the said area was changed to 992 square meters of K forest, and the remaining D forest that has not been divided was divided into L forest.
E. After the said re-division, E and H changed the object of the said sales contract into the instant real estate, namely, the instant real estate, i.e., C Forest land 92 square meters, and L forest 1787 square meters, and excluded K forest 1787 square meters from the subject of sale. Accordingly, E decided to cancel the provisional registration on January 20, 2014, on the ground that the provisional registration of K forest - was made in the instant real estate, namely, C Forest 92 square meters, and the provisional registration on K forest - was made.
[Ground of recognition] Facts without dispute, Gap evidence 3, 13-1 to 3, and Eul evidence 1, witness M's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. On December 14, 2012, a sales contract was concluded between the Plaintiff’s father N, the Plaintiff’s agent, and F, delegated by E, the Defendant’s agent, with respect to the instant real estate on December 14, 2012.