손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 17, 2004, the Plaintiff’s sales contract and new construction of a building by the original Defendant; 1) through C representing the Defendant on March 17, 2004, the Plaintiff is deemed to be the Plaintiff’s forest land 1653m2 (hereinafter “forest land before the instant partition”).
Of the 300 square meters (92 square meters) the purchase of KRW 135,000,000 (hereinafter “instant sales contract”).
(2) At the time, the Plaintiff and the Defendant agreed to remove the defects and burden of the above rights until the payment date of the remainder and transfer the full ownership of the forest land to the Plaintiff (Article 3(2) of the sales contract). On the other hand, the forest land before the division of this case was originally owned C, and C sold part of the above real estate and completed the registration of transfer of ownership of the above real estate to the buyer. However, on August 24, 1998, the Republic of Korea (the competent authority) completed the registration of seizure of the portion of the forest land owned at the time of the said division (hereinafter “registration of seizure”).
3) On September 23, 2004, the size of 1653 square meters for D forest land in Ansan-si prior to the subdivision was divided into D forest land 737 square meters and E forest land 916 square meters. On April 4, 2005, the Defendant, who received the purchase price from the Plaintiff, completed the registration transfer of ownership with respect to D forest 737 square meters on the Plaintiff on April 4, 2005. The subsequent 737 square meters for D forest land, according to the registration conversion and land category change, did not distinction between the two before and after the registration conversion and land category change.
(4) On November 20, 2004, the Plaintiff obtained a permit to construct a new neighborhood living facility of the size of 117.64 square meters (around 138.93 square meters) and the total floor area of 116.44 square meters (around 55.72 square meters) on the instant real estate under the name of the Defendant from the Mayor of Ansan-si on November 20, 204, with the permission of the Plaintiff to construct a new neighborhood living facility of the size of the 116.44 square meters (around 55.72 square meters) and the 1st underground floor (the 1st underground floor and the 3nd ground floor). After that,
B. The plaintiff's right to collateral security.