1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On 194, the Defendant completed the registration of creation of superficies for the purpose of owning a building with respect to the land of 271m2, D gas station site, 1,804m2, E- miscellaneous land (hereinafter collectively referred to as “instant land”), and the land rent is free of charge (hereinafter “instant superficies registration”).

B. On May 29, 2014, the Plaintiff completed the registration of ownership transfer based on a voluntary auction on the instant land.

C. On May 29, 2014, the Defendant implemented the procedure for registration of cancellation on the ground of termination on the registration of superficies of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, due to a mistake in a compromise contract, paid KRW 60 million to the Defendant, and the Defendant entered into a compromise contract to cancel the registration of the superficies of this case (hereinafter “conciliation contract of this case”) and paid KRW 60 million to the Defendant. Since the registration of the superficies of this case was completed after the registration of the superficies of this case and the superficies of this case was extinguished due to confusion, the Defendant is liable for the cancellation of the compromise contract of this case and the payment of KRW 60 million paid to the Defendant and the delay damages therefrom.

According to Gap evidence No. 4 (including the provisional number), the defendant may recognize the fact that he completed the registration of ownership transfer on the land of this case on December 31, 1994, which was after the establishment of the superficies of this case, after the establishment of the superficies of this case, but in full view of the purport of the whole pleadings in the statement No. 1, the defendant first completed the registration of superficies of this case to purchase the land of this case from Eul and to construct a new building after acquiring the ownership of this case.