1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 17, 2013, Jeju-si, Jeju-si, which was originally owned by the Plaintiff (hereinafter “D land before the instant subdivision”), D forest 2858 square meters (hereinafter “the instant land”) was divided into D forest 715 square meters (hereinafter “D land”) and C forest 2143 square meters in Jeju-si, Jeju-si, respectively. On July 5, 2013, the Defendant, who is the Plaintiff’s father, completed the registration of transfer of ownership with respect to D land (hereinafter “D land before the instant subdivision”), as gifted on July 5, 2013.

B. On December 30, 2013, C land prior to the instant partition was divided into C Forest C forest land and 1761 square meters (hereinafter “C land after the instant partition”); among them, one-third of the above shares, the ownership transfer registration of which was completed under the Defendant’s name, was divided into “instant land share”; and 382 square meters of E forest and land in Jeju (hereinafter “instant land”).

After the division of this case, the land category of D and E was changed to each site on March 4, 2014.

C. On January 7, 2016, the Plaintiff sold 2/3 of the shares, excluding the shares transferred to the Defendant among the land C after the instant partition, to FF farming association corporations, and completed the registration of ownership transfer on January 13, 2016.

On the other hand, on May 27, 2013, the Defendant: (a) filed a construction report on the construction of a Class 1 neighborhood living facility with a building area of 111.22 square meters on the ground among D land before the instant partition (limited to D land after the instant partition); (b) filed a new report on the construction of a Class 1 neighborhood living facility with a building area of 715 square meters on the land before the instant partition (limited to D land); (c) on December 16, 2013, the Defendant filed a new report on the construction of a Class 1 neighborhood living facility with a building area of 184.39 square meters on the land before the instant partition (applicable to E land); and (d) completed the construction of the instant building on January 6, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Eul evidence 2-1, 2, 3, and 2-2.