1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 8, 2010, the Plaintiff entered into a sales contract with the following special terms: (a) to sell KRW 235,000 to the Defendant for KRW C, D, E, F, G, H, I, J, K, K, L, M, N, N, andO (hereinafter “instant sales contract”); (b) to enable the Defendant to use the land that N, P, and Q access roads are anticipated to be N, and O road (R). The Plaintiff subsequently entered into a sales contract.

B. By January 27, 2011, the Plaintiff received KRW 235,00,000 from the Defendant, and the Defendant completed the registration of transfer of ownership on the ground of sale on January 27, 201 with respect to the land for the instant stock farm, 833 square meters and 337 square meters for N-based forest land (hereinafter “instant land”) on February 8, 201.

C. On July 19, 2016, the Defendant sold the instant land to S and T in KRW 210,000,000.

The above sales contract provides that "the matters of the special agreement" are "the matters of the first and second land of this case shall be used as a road to the Powner, and the buyer shall be legally responsible for the dispute over the use of the R in the future."

S and T completed the registration of ownership transfer on August 18, 2016 concerning the land Nos. 1 and 2 in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including virtual number; hereinafter the same shall apply), Eul evidence 5, 6, and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. When concluding the instant sales contract, the Defendant, which caused the instant claim, entered into a special agreement with R on the completion of the registration of ownership transfer with respect to each of the 1/2 shares out of the land Nos. 1 and 2 in the instant case.

On February 7, 2011, the Plaintiff agreed to the R, who is the owner of Incheon City P and Q land, to complete the registration of ownership transfer with respect to 1/2 shares of each of the instant land Nos. 1 and 2.

Nevertheless, the defendant violated the obligation under the special contract of the sales contract of this case and sold land Nos. 1 and 2 of this case to S and T and the registration of ownership transfer.