1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C (Death on July 9, 2005) sold to D, on March 25, 2002, approximately KRW 883 square meters in E-ro, Jung-gu, Incheon (hereinafter “site”) owned by C, the land category of approximately KRW 883 square meters in the purchase price of KRW 295 million; hereinafter “E land”), and agreed to provide a road of less than six meters in width on the land of the above E, which is a blind land, according to a special agreement.

Around that time, C received full payment from D, and registration of transfer of ownership was made around February 2003, and the provisional registration of transfer of ownership was completed on May 21, 2002 on the ground of trade reservation.

After that, C failed to implement the above special agreement, D urged C to implement the special agreement several times.

B. From that point of view, D received a proposal from the Plaintiff to purchase F forest land of 1,488 square meters (hereinafter “F land”) instead of land E, and decided to purchase F land with G in lieu of land E.

The registered titleholder of F land at the time was H, but the Plaintiff’s wife decided to cancel the registration of collateral security, provisional disposition, and the registration of superficies on F land on September 9, 2002, in lieu of the payment of the purchase price, and purchased the F land in lieu of the said registration. D and G agreed on October 11, 2002, when purchasing F land from the Plaintiff at KRW 1.12 million from the Plaintiff on October 11, 2002, it stated that “the remaining amount of KRW 480 million shall be replaced by E (260 square meters)” in the relevant contract, and that “the Plaintiff and J liability shall be replaced by E (260 square meters)” in lieu of D and G’s claim for ownership transfer from H for the F land.

C. As to F land, the registration of ownership transfer was completed in D and G on October 15, 2002, and D on February 13, 2003, the provisional registration of the right to claim ownership transfer with respect to land E was cancelled.

Even after that, E's owner of land was registered C. D.

On April 1, 2003, the Plaintiff as a representative of C on April 1, 200, K and C.