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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The summary of the Plaintiff’s assertion was the owner of several parcels of land E and F. The Defendant engaged in the business of developing the said land in sequential order through civil engineering works, etc. and selling it to others. D, including the instant land, sold to the Plaintiff, including the instant land, was the land for which the Defendant completed basic civil engineering works by completing “the primary construction.” In concluding the instant contract between the Plaintiff and the Defendant, the Plaintiff agreed to complete the registration of ownership transfer on the instant land at “after the second construction” (hereinafter “the instant special agreement”). “the second construction” refers to the public works, etc. on G forest owned by the Defendant, and the instant special agreement provides for the terms of suspension or indefinite period. However, the instant special agreement determines that the occurrence of the indicated in the instant special agreement has not arrived at the expiration of the period, or the Defendant has intentionally failed to perform the second construction works, thereby hindering the fulfillment of the conditions contrary to the good faith principle, and thus, the Defendant is obligated to implement the registration of ownership transfer to the Plaintiff.
However, since the land category was not changed into a road, five lots of land among the land in the first construction works by the defendant, and the second construction for the development of the remaining land was not commenced, the condition of suspension was not fulfilled.
3. Determination
(a)be attached to a sub-subsidiary;