1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 28, 2014, the Plaintiff completed the registration of ownership transfer on the Guro-gu Seoul Metropolitan Government 300 square meters of forest land (hereinafter “instant real estate”).

On September 25, 2014, the Plaintiff and the Defendant drafted a sales contract (hereinafter referred to as “instant sales contract”) with respect to the instant real estate, the main contents of which are as follows:

Article 1. Sales Price: The balance of KRW 1,121,00,000,000 per one hundred million per one hundred million per one,000 million per one,000 won per one,00 million per one,000,0000 per one,000,0000 per one.

Article 2 The seller shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of ownership transfer and cooperate in the registration procedure, and deliver the said real estate on a monthly basis.

[Matters of Special Agreement]

1. Current status sales contract;

2. The interest on finance from the date of sale shall be borne by the buyer.

3. It shall succeed to the full amount of loans (720,000 won) and 40,000 won, excluding 6,80,000 won for secured loans, shall be later settled.

4. Sales proceeds shall be transferred to Nonghyup (Deposit A).

On September 26, 2014, the registration of ownership transfer was completed on the instant real estate.

With respect to the instant real estate, the registration of the establishment of a neighboring agricultural cooperative consisting of the maximum debt amount of KRW 816 billion established on May 28, 2014, the debtor, the plaintiff of the right to collateral security, and the Korean National Agricultural Cooperative, the mortgagee of the right to collateral security, was cancelled on October 31, 2014.

[Reasons for recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and Eul evidence Nos. 1, and the parties' assertion as to the purport of the whole pleadings and the plaintiff plaintiff's assertion as to the purport of the whole pleadings, around September 25, 2014, the plaintiff sold the real estate of this case to the defendant in the purchase price of KRW 1.120 million. The defendant agreed to substitute for the defendant's acceptance of the secured debt of the right to collateral security established on the real estate of this case and pay the balance of KRW 41 million, and thus, the defendant who received the registration of ownership transfer as to the real estate of this case shall pay the plaintiff the above KRW 41 billion and delay damages.