1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the case of Gyeonggi-do, the land owned by the Plaintiff was one of several parcels divided from the said D forest owned by the Plaintiff for the purpose of selling the forest as an electric source site. The land in question was owned by the Plaintiff, and was located in one of several parcels divided from the said D forest owned by the Plaintiff.

B. On June 10, 2012, the Plaintiff entered into a sales contract with the Defendant to sell KRW 170,000 out of the instant forest amount to KRW 136,000,000 (hereinafter “instant sales contract”).

At the time, the Plaintiff, around November 17, 201, sold 142 square meters of the instant forest land (142/1123 equity) as a road site and completed the registration of transfer of equity to E who purchased another nearby another electric source housing site (142/123 equity). As such, around June 10, 2012, around June 10, 2012, the registration was completed with respect to 981 square meters of the instant forest land (981/1123 equity) in the name of the Plaintiff.

C. Since the forest land of this case sold by the Plaintiff to the Defendant was sold to the Defendant as a unit housing land, at the time of the instant sales contract, the Plaintiff obtained permission for the construction of a unit housing.

Accordingly, the Plaintiff and the Defendant, once they completed the registration of ownership transfer with respect to the entire Plaintiff’s share (981m2) among the instant forest land, concluded that the Plaintiff would return the remaining land excluding 170m2 purchased by the Defendant after obtaining a building permit for electric source housing in the Defendant’s name (hereinafter “instant agreement”).

According to the instant agreement, the Plaintiff and the Defendant concluded the following special agreements at the time of the instant sales contract:

-special agreement -

1. Where all the housing units are permitted to be purchased and disposed of within six months after the contract is concluded, 340 square meters, which is the ordinary number of registrations, shall revert to the purchaser;

6. In the event of non-permission, a seller shall pay to a buyer the sales amount.

(as soon as possible the remainder of the contract of 170 square meters as of 340 square meters)

D. On the other hand, 80,000 won per square year, which is the purchase price stipulated in the instant sales contract, is to construct electric housing in the instant forest land.