1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. Nonparty C purchased land D and E from the Defendant to build a new house, and as a passage route is required to obtain a building permit, the Defendant purchased 10 square meters out of 772 square meters in its possession from the Defendant, and completed the transfer registration on March 2, 2012.

B. On the ground of the above F land, a house owned by the Defendant (hereinafter “instant house”) and a warehouse owned by the Defendant (hereinafter “instant warehouse”) is located on the right side of the ditch, and there is a Mail among them. C obtained a building permit as using the marina between the said house and the warehouse as a passage, according to the agreement with the Plaintiff, and thereafter used the said marina as a passage passage (hereinafter “instant passage”).

C. On April 18, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the instant housing and warehouse at KRW 480 million (hereinafter “instant sales contract”) on the same day, 672 square meters, excluding C’s share (100 square meters) in the G maintenance 536 square meters in Kimhae-si, Kim Jong-si, the FJ 772 square meters, and 1,023 square meters in total prior to H, and 2,331 square meters in total, and on the same day, paid the Defendant the down payment amount of KRW 45 million.

At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed to pay the remainder of KRW 200 million on May 4, 2012, and the remainder of KRW 235 million on May 18, 2012. In relation to the payment of the remainder, the Plaintiff and the Defendant agreed to pay the share of KRW 110,000 in F to the share holder (C).

(b) any balance of purchase and sale shall be treated equally at the time when the cadastral record is adjusted.

E. The Plaintiff and the Defendant transferred the instant passage to the rear side of the instant warehouse (the part adjacent to the I land scheduled to be the planned road) among the said F land, and accordingly, the Plaintiff and the Defendant decided to cancel the intermediate payment on May 3, 2012, which was “the basic person on the basis of the contract, was to suspend the intermediate payment on May 4, 2012, and is co-ownership shares in the area exceeding 110 square meters in the planned road and access road.