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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. (1) The Plaintiff, such as an agreement between the Plaintiff and G, entered into with G around February 2004, agreed to purchase the 1,478 square meters of H, 1,478 square meters (hereinafter “H land”), 3,494 square meters (hereinafter “I land”), 3,494 square meters (hereinafter “C land before subdivision”), Cialle 2,350 square meters (hereinafter “C land before subdivision”), E, 1,863 square meters (hereinafter “E land before subdivision”), Jalle 1,029 square meters (hereinafter “J land before subdivision”). The entire area of each of the above lands is 10,214 square meters; all of the above lands is 10,214 square meters; and enter into an agreement to conduct a business of building and operating the same on the ground by building a gas charging station, gas station, and logistics complex.
(2) After purchasing the instant project site, the Plaintiff and G completed the registration of ownership transfer in the name of the Plaintiff on June 21, 2005 with respect to H and I land, the name of the Plaintiff on June 29, 2005 with respect to 1/2 of the land before division, the remaining 1/2 under the name of the Plaintiff on June 30, 2005, the land before division is under the name of the Plaintiff on April 25, 2005, and the land before division under the name of L (G marriage) on September 2, 2004 with respect to J land before division.
(3) Since then, while the Plaintiff and G wanting to proceed with the business with a business license, such as LPG charging stations, the Plaintiff and G entered into a settlement agreement with the following terms and conditions on August 24, 2007 (hereinafter “Settlement Agreement”).
① The Plaintiff indicated to G that the size of H, I land, and C 1,175 square meters prior to subdivision is 2,350 square meters or 1/2 of the said shares is already in the name of K, which is the wife of G. As such, the Plaintiff indicated that the size of 1,175 square meters, which is the 1/2 share in the name of the Plaintiff, is 1,175 square meters;
J Land and the Plaintiff’s right to a gas station business for KRW 1.2 billion on the part of the Plaintiff, and G shall purchase them.
(hereinafter hereinafter referred to as the “Settlement Agreement”). (2) In the event of a cause attributable to G (non-permission price and non-performance of contract for container propane gas), G is composed of Plaintiff 2/3, G1,175 square meters prior to the relevant land and the entire land area (10,214 square meters) including the land before subdivision, and E before subdivision (10,214 square meters).