1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B, on October 10, 191, decided to construct and sell a tenement house on the ground of 450 square meters on the Daehan-gun, Chungcheongnam-gun, Cheongbuk-gun, Cheongbuk-do prior to the partition owned by C (hereinafter “C”), and entered into an agreement with C as follows (hereinafter “instant agreement”), and paid the down payment of KRW 40 million on the day of the contract.

(1) B shall purchase 315 million won ( = 450 square meters x 700,000 won) calculated as KRW 450,000 per square meter from C among the above D sites, and the down payment of KRW 40,000 shall be paid on the date of the contract, and the remainder shall be paid 30% of the parcelling-out price every time the apartment house to be newly constructed by B is sold in lots.

Provided, That if the area of the land subsequently purchased is less than or exceeds 450 square meters, the price shall be adjusted.

(2) B shall newly construct and sell tenement houses in the name of C.

B. However, in the process of specifying a site incorporated into a road for the establishment of a road, the petitioner group merged with the D- 1,950 square meters prior to the said division on October 25, 1991, E-ga 107 square meters on October 31, 1991, which was divided into D- 1,430 square meters (43 square meters; hereinafter the same shall apply) and F- 627 square meters.

C. On November 27, 1991, B assumed office as the representative director of the Plaintiff (the date of dissolution registration pursuant to Article 520-2(1) of the Commercial Act on December 15, 1997, and the date of completion of liquidation pursuant to Article 520-2(4) of the Commercial Act on December 15, 200). The Plaintiff succeeded to the status of B under the contract of this case and decided to construct a tenement house at the Plaintiff’s effort and cost. On July 6, 1992, B obtained a building permit from the petitioner-Gun on the land of this case and 1,458.95 square meters on the land of this case and 32 households on the land of this case (hereinafter “the instant tenement house”) under C’s name on the land of this case on November 4, 1992.

On July 20, 1993, the Plaintiff between C and C, 108, 20.40 square meters for eight households among the instant tenement houses, and 108, 109, 208, 209, 308, 308.