1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 14, 2017, the Plaintiff entered into a contract for the purchase and sale of pine trees (hereinafter “instant contract”) with the Defendant as follows. The main contents are as follows.

The location and quantity of the land in the contract for the purchase of pine trees - D (in front of the place of the house in the Defendant’s construction permit site) - The amount of three (in a case where the number is at least 40 centimeters in diameter, and that designated by the purchaser): 7,500,000 won: the Defendant buyer: the

B. On August 16, 2017, the Plaintiff paid KRW 4,500,000, and KRW 2,980,000 on August 18, 2017 to the Defendant’s account in the name of the Defendant.

C. On August 26, 2017, the Plaintiff and the Defendant settled the subject matter of the instant sales contract through E’s brokerage, and the Plaintiff additionally paid KRW 500,000 to the Defendant and agreed to extract and add pine trees at their own expense.

On September 6, 2017 and September 18, 2017, the Defendant sent to the Plaintiff a certificate of content that “the Defendant would pay KRW 500,000 to the Plaintiff, and transfer pine trees, but cooperate to prevent damage to the surrounding trees at the time of the transfer of pine trees, and if damaged, the Defendant would claim damages.” This reached the Plaintiff around that time.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, and Eul No. 3 (including branch numbers), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the defendant's assertion is that the plaintiff sought a transfer of the value of the iron, which is planted around the pine trees, to the defendant in order to transfer the pine trees, but later the claim is to seek a delivery of the pine trees. The above change in the claim is unlawful.

B. However, the plaintiff does not change the basis of the claim until the conclusion of pleadings (in the case of a judgment without holding any pleadings, when the judgment is pronounced).