1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 30, 1978, the Plaintiff entered into a sales contract with the Defendant’s father C to purchase KRW 20,000 square meters of 9.17354 square meters of 1,798 square meters of forest land in Suncheon-si (E in the net lot number before division) in order to purchase KRW 1,798 square meters of forest land (hereinafter “instant land”). Around that time, the Plaintiff paid the amount of sales to the deceased C.

B. The deceased C died in around 2001, and at the time, the deceased C was the heir of the deceased C, F, G and the Defendant, a child.

C. Meanwhile, on the other hand, the registration of transfer of ownership was completed in the name of F on January 3, 2005 due to the inheritance by agreement division, and on November 21, 2006, the registration of transfer of ownership was completed in the name of H on the grounds of donation, and on February 2, 2016 due to sale.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, and 7 (including branch numbers, if any), appraiser I's written appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was that the Defendant completed the registration of ownership transfer to H on February 2, 2016, even though the net C’s obligation to transfer ownership to the Plaintiff on the instant land was inherited (1/3 of inheritance).

Accordingly, since the defendant's obligation to transfer ownership to the plaintiff was omitted in the non-performance status, the defendant is liable to compensate the plaintiff for damages equivalent to 1/3 of the value of the land in this case.

B. In order to recognize the Defendant’s responsibility for nonperformance against the Plaintiff, the Defendant’s obligation to transfer ownership of 1/3 of the instant land out of the instant land is recognized, and thus, we look at this point.

However, unless there are special circumstances, the person liable for the registration of ownership transfer is the nominal person on the register, and if only one of them has been completed by agreement and division among co-inheritors with respect to the real estate purchased from the inheritee, only one of them has been completed by the inheritance registration, it shall be divided by agreement.