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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 26, 2013, the Plaintiff was charged with murdering by Suwon District Court 2013Gohap355, and was appealed by a court for life imprisonment for the following criminal facts. However, the appeal (Seoul High Court 2013No3928) and the final appeal (Supreme Court 2014Do7824) were all dismissed, and the said judgment became final and conclusive on September 4, 2014.
- A - The Defendant (hereinafter referred to as the “Plaintiff”) is a friendship with C and is a one-year middle school of B (the Defendant, hereinafter referred to as the “Defendant”) who is an employee of a violent crime group.
D, on May 31, 2012, the Defendant: (a) entered into a contract with the victim I (56 years of age) to purchase KRW 1.688 billion of down payment of KRW 1.43 million of the remainder amount; (b) on August 10, 2012, the Defendant was urged to pay the remainder amount of KRW 1.51 million of the remainder amount (including KRW 1.5 million of the remainder amount by August 10, 2012), and was urged by the victim to pay the remainder; (c) as at the time of the contract for the sale of real estate, the Defendant was notified by the victim that “In the event of the remainder of the contract, the buyer’s all rights (a contract deposit, a building in the process of construction) are to waive all rights (including all rights) of the buyer in the event of the remainder of the contract,” and was not constructed by the victim pursuant to the above agreement.
Around that time, the aforementioned D had the J constructed a electric source house (hereinafter “instant house”) on the ground of the said G and H forest 495 square meters on September 2012, 201 to move into the said G and H forest 495 square meters and received KRW 1 billion as the name of the purchase price of forest land and the construction cost of housing.
In the circumstances where the ownership of the instant forest was not transferred because the Defendant was unable to pay the balance of the instant forest land to a police officer in August 2012, the said D was urged by the said J to transfer the instant forest, and the said D was affiliated with the remainder payment of the instant forest land, thereby running the ownership D of 184 square meters of K forest land in Suwon-si.