1. The plaintiff's claim is dismissed.

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

1. On December 3, 2014, the sales contract (A; hereinafter referred to as “the instant sales contract”) with the following terms and conditions as the source of basic facts and the Defendant on December 3, 2014 - The subject matter: The sale price is KRW 400 million (hereinafter referred to as “the forest of this case”) - The amount of KRW 20 million is paid and received at the time of the contract and the remainder is paid in December 2014.

- Loans (hereinafter referred to as "loans of this case"): 360 million won (the Nonghyup Bank) will succeed to the loans of this case.

-Special-purposes: The remainder of KRW 20 million shall be paid after deducting the loans of this case from the balance at the time of succession.

was drawn up.

With respect to the instant forest land, on December 31, 2014, the registration of ownership transfer was made in the name of the Defendant under the instant sales contract under the name of the Defendant.

[Grounds for Recognition] No dispute

2. The Plaintiff asserted as the cause of the instant claim, without paying the down payment of KRW 20 million that the Defendant shall pay at the time of the instant sales contract, and without paying any balance, completed the registration of ownership transfer with a seal imprint or a certificate of personal seal impression granted for the succession to the instant loan.

Therefore, the defendant asserts that he should pay the remainder of KRW 40 million and delay damages.

As to this, the defendant asserts that the sales contract of this case was made by raising the purchase price to KRW 40 million under the agreement of the defendant and the defendant, and that the purchase price was fully paid by the defendant upon acquiring the loan of this case.

3. Since the sales price stated in the instant sales contract is part of the content of the sales contract written between the original and the Defendant, barring any special circumstance, the existence and content of the expression of intent should be recognized as stated in the language and text, barring any special circumstance.

However, in light of the following circumstances, the sales price of this case, unlike the statement, is the Defendant’s acquisition of the loan of this case and the payment, namely, KRW 360 million, instead of the payment.