1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 7, 2018, the Plaintiff and the Defendant concluded a sales contract with the content that the Defendant would sell the purchase price of KRW 165 square meters (50 square meters) out of KRW 4,628 square meters (hereinafter “instant land”) of C Forest Land 4,628 square meters (hereinafter “instant land”) to the Plaintiff at KRW 100 million (hereinafter “instant sales contract”).

B. The Plaintiff paid KRW 100 million to the Defendant according to the instant sales contract.

C. According to the instant sales contract, the Plaintiff completed the registration of ownership transfer with the Sungwon District Court Seosung Branch Office No. 184380, Sept. 19, 2018 regarding the share of land (165/4,628) equivalent to the above purchased area among the instant land.

【인정근거】갑 제2, 3호증, 을 제1호증의 각 기재, 변론 전체� 취지

2. Determination

A. The Plaintiff’s assertion (1) purchased a specific part of the instant land from the Defendant through the instant sales contract.

Therefore, according to the instant sales contract, the Defendant is obligated to divide the specific part of the instant land into the land and transfer its ownership to the Plaintiff.

However, according to Article 22 of the Urban Planning Ordinance, the division of the instant land was impossible from the time of the instant sales contract.

Thus, the sales contract of this case, based on the premise that a specific part of the instant land is divided into 165 square meters, is null and void because it is impossible to divide it from the time of the contract.

(2) Even if the instant sales contract is valid, the Defendant, even though specifying and selling a certain part of the instant land, ordered the Plaintiff to complete the registration of ownership transfer, not the registration of ownership transfer, which was written by subdivision. Ultimately, the Defendant entered into the instant sales contract by deceiving the Plaintiff, by granting the registration of subdivision of land on which subdivision is not allowed.

Accordingly, the sales contract of this case shall be revoked in accordance with Article 110 (1) of the Civil Code.

(iii).