1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and C (hereinafter referred to as “Plaintiff, etc.”) filed a lawsuit against the Defendant as the Suwon District Court 2014Kadan501141 (hereinafter “Prior Action”) and asserted as follows.

Plaintiff

Of the Defendant’s husband D’s 30,190 square meters of forest E (hereinafter “instant real estate”), each of the 495.8/3190 square meters of forest E in the period of harmony (hereinafter “instant real estate”) was proposed to purchase 60,000 won per capita (400,000 won per capita).

On February 25, 2008, the Plaintiff et al., Defendant, and D concluded a sales contract with the content that D will substitute the construction price to be paid to the Plaintiff et al. for the purchase price and pay the remainder in cash.

According to the above agreement, C remitted a total of KRW 25.6 million to the account designated by the Defendant or the Defendant, including remitting a total of KRW 10 million to the down payment of the sales contract on March 31, 2008, and paid KRW 49 million in total as sales price in lieu of the sales price.

On February 25, 2008, the Plaintiff transferred a total of KRW 90,600,000 to the Defendant’s account as a sales price, including the payment of KRW 6.5 million as the down payment under the sales contract. The Plaintiff paid KRW 37,150,000 in total as the sales price in lieu of the sales price.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the sale contract dated February 25, 2008 with respect to each of the real estate of this case to the plaintiff et al.

B. On July 17, 2014, the first instance court dismissed the Plaintiff’s claim on the ground that there is insufficient evidence to prove that a sales contract was concluded between the Plaintiff, etc. and the Defendant.

Plaintiff

Although the above judgment was appealed, the above dismissal ruling became final and conclusive as it was also dismissed.

[Reasons for Recognition]