A. On September 11, 2017, the Plaintiff purchased 3,240 square meters of F orchard 3,240 square meters from E in Seopopo-si, Seopo-si. In order to secure access to the said land, the Plaintiff purchased from the Defendant KRW 410,000,000 from Seopo-si, Seopo-si, Seopo-si, C orchard 425 square meters (hereinafter referred to as “C land”) for KRW 410,000,000 in price.

[At the time, the sales contract is a sales contract in the present condition and includes all of the ground objects (excluding a single, a chief and a tree)] stipulated a special contract. The sales contract for the land C was "the sales contract in the present condition". B.

On October 31, 2017, the Plaintiff was subject to the Jeju District Court Decision 2017Kadan1497, which decided to temporarily dispose of land C, and on November 27, 2017, D land (22m2) was divided from C’s land on November 27, 2017.

C. On December 22, 2017, the Plaintiff drafted an agreement with the Defendant that “the buyer withdraws a provisional disposition, the seller actively cooperates in the construction of the buyer, and does not demand any cost to the buyer.”

Around that time, the plaintiff paid 25 million won to the defendant.

On December 22, 2017, the Plaintiff completed the registration of ownership transfer for C land (203 square meters) and D land after division, based on sale on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including evidence with a serial number; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the respective descriptions of Gap evidence Nos. 1, 3, and 5 and the purport of the entire video and pleadings, it is recognized that part of the attached drawing among the land C, and part of the trees and landscape rocks existing at the time of the instant sales contract on the ground of the same drawings among the land D, are still planted or accumulated.

Therefore, barring any special circumstance, the defendant shall make the plaintiff according to a special contract entered in the sales contract of this case.