1. The plaintiff's claim is dismissed.

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

1. On August 8, 2014, the Plaintiff entered into a contract with the Defendant to purchase livestock pens owned by the Defendant in the amount of KRW 43 million (hereinafter referred to as “instant sales contract”) on the size of 1,750 square meters, E forest land, 63 square meters, F forest land, 298 square meters, G prior to G, 861 square meters, and 1,670 square meters prior to H (hereinafter referred to as “instant land when each of the following land is jointly referred to as “the instant land”), which was owned by the Plaintiff, on the same day. On the same day, the Plaintiff remitted KRW 10 million to the Defendant on the same day.

On the other hand, in order to establish a stable on April 10, 2001, the defendant obtained a written consent from C to use the land of this case owned by C until December 30, 201, and newly constructed a stable on the land of this case and paid C usage fees therefrom.

After that, in 2004, the defendant's stable, who was the owner of a stable, received the written consent on September 21, 2004 concerning the land of this case in order to obtain a new permit from the competent authority in the process of newly constructing a stable again, and there was no provision on the period of use in the new written consent on the land use.

C Even after 2011, after the expiration of the period of use specified in the original written consent for the use of the land, C has been aware of the Defendant’s conclusion of the instant sales contract, at the implied permission for the use of the instant land and has received the usage fee from the Defendant.

The Plaintiff removed existing livestock pens from the time of acquisition of livestock pens owned by the Defendant and newly built a new livestock shed with a larger scale.

[Ground of recognition] Facts without dispute, Gap 1 through 7, 10, 11, 2, witness C's partial testimony, and the purport of the whole pleadings

2. At the time of the instant sales contract, the Plaintiff: (a) at the time of the instant sales contract, the Defendant, with the consent of the landowner (C) of the instant case, enticed the Plaintiff as if he were to transfer the right to land use; and (b) the Defendant transferred the right to land use under the instant sales contract to the Plaintiff