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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “B”) had undertaken a new construction project of multi-family housing in the Gyeongdong-gun C of the Gyeongdong-gun, Chungcheongnam-do.
나. 원고는 2006. 11. 29. B과 사이에 ① ㉠ 경북 칠곡군 D 전 5,414㎡, ㉡ E 전 6,560㎡, ㉢ F 임야 4,789㎡, ㉣ G 임야 4,773㎡ 중 각 9824.5/10,678.1 지분, ② H 임야 1,110㎡(이하, 위 5필지의 토지를 통틀어 ‘이 사건 각 토지’라 하고, 순차적으로 ‘제1 내지 5 토지’로 특정한다)를 65억 3,840만 원에 매도하는 매매계약을 체결하였다
(hereinafter referred to as “instant sales contract”) C.
At the time of the instant sales contract, the Plaintiff agreed with B as follows (hereinafter “instant agreement”), and on the same day B, completed the registration of transfer of ownership with the Daegu District Court’s Receipt No. 2916 as to the shares and the lands No. 9,824.5/10,678.1 and No. 5.
① Since land 1 through 4 is scheduled to be substituted with I 9,824.5 square meters and J 853.6 square meters, the Plaintiff shall own J 853.6 square meters after completion of replotting, and B shall own 19,824.5 square meters after completion of replotting.
(2) B shall make a co-ownership registration with respect to shares in the land 9,824.5/10,678.1 from among the land 1 through 4 before the completion of replotting, and the registration as referred to in the above paragraph (1) shall be arranged after completion of replotting.
B borrowed KRW 8.6 billion from Solomon Mutual Savings Bank on the same day, and paid KRW 6.538 billion to the Plaintiff.
E. The Plaintiff and B concluded a real estate security trust agreement with Solomon Mutual Savings Bank as priority beneficiary (hereinafter “instant real estate security trust agreement”) with respect to the entire land of this case as to the same day, the Plaintiff and B completed the trust registration with the Daegu District Court No. 2917 as to each of the instant land.
F. Of the instant land Nos. 1 through 4, the 19,824.5 square meters of land that B purchased with a specific purchase by B shall be K Dae-gi 9,843 square meters (hereinafter “B-owned portion of land after land substitution”), and the Plaintiff.