1. The plaintiff's claim is dismissed.

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

Facts of recognition

On September 21, 2016, the Plaintiff and the Defendant concluded a sales contract consisting of KRW 250 million (hereinafter “instant sales contract”) with respect to the land, other than C owned by the Defendant, and five parcels (hereinafter “instant land”). The Plaintiff paid the down payment of KRW 20 million on the date of the contract.

The land of this case is a slope of South Korea river, and the plaintiff purchased the above land to build a house for electric power source on the above land, and such circumstance was also known to the defendant.

Under the land of this case, there is a DNA forest and E forest owned by the Defendant (hereinafter “Defendant’s land”) and the Defendant’s land is located between the instant land and the South Korean River.

(Reasons for recognition) Facts without dispute, each entry or video of Gap evidence 1 through 7 (including each number), and the purport of the whole pleadings.

In concluding the instant sales contract, the Plaintiff Defendant agreed not to construct a building on the Defendant’s land before the Plaintiff constructed the building on the instant land, but not to make additional banking when the Plaintiff buried the building on the Defendant’s land.

Nevertheless, the defendant started the construction before the plaintiff constructs the building, opened the land on the part of the defendant at least one meter, and due to this, it became difficult to view the lectures in South Korea from the ground building on the land of this case.

Since the plaintiff cancelled the contract of this case on the ground of the defendant's default, the defendant shall return the contract deposit to the plaintiff, compensate the amount equivalent to KRW 20,000 as the liquidated damages, and compensate 7,80,000,000 for the expenses incurred in preparing the construction of electric power resource.

Defendant did not conclude the instant sales contract and agreed to the effect that the Plaintiff asserted.

In addition, the Plaintiff is higher than 7 meters than the Defendant’s land.