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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On August 6, 2015, the Plaintiff prepared a sales contract (hereinafter “the first sales contract”) with the Defendant with respect to C Forest land of KRW 69,665 square meters, which is owned by the Defendant, as follows: - KRW 160,000,000,000 for the purchase price - KRW 20,000,000 for the down payment at the time of the contract, shall be paid and received at the time of the contract. The remainder of KRW 140,000,000 shall be paid as of September 4, 2015. - The special agreement provides that access road - The access road - the seller’s ownership of the access road portion shall be the co-ownership of the buyer and the buyer’s share. - The cost of construction required to secure access road is the total cost of the buyer. This Chapter is the condition that the seller is responsible for the transfer, and the time of this Chapter is the remainder between the Plaintiff and the seller’s sale contract and the seller’s ownership of the forest below.
- The purchase price of KRW 120 million - the down payment of KRW 20 million - the down payment of KRW 20 million shall be paid and received at the time of the contract. The remainder of KRW 100 million shall be paid on September 14, 2015.
Matters of special agreement - Access roads shall be used by securing the width of the road within D and E in the city of public land owned by the seller, and shall permanently provide the buyer with the right to use, maintain repair, etc.
(No. - Costs of construction required to secure access roads shall be borne by the buyer in full.
- This Chapter shall be responsible for the seller and completed until November 30, 2015 and shall be compensated when problems arise in the progress of the project.
- At the same time as the remainder payment is made, security trust will be rescinded under the seller’s responsibility.
C. On September 16, 2015, the Plaintiff and G paid KRW 160 million to the Defendant with the purchase price of forest and fields C, and the Defendant on September 17, 2015, with respect to the above forest and field, the trust registration was completed to H, a corporation, on September 17, 2015.