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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. On December 1, 2005, the registration of creation of a superficies of the Defendant and the Defendant with superficies and F was completed on December 7, 2005, the registration of creation of a superficies of KRW 1270,000,000,000 for each of the above lands was owned by E. As to each of the above lands, the registration of the right to claim ownership transfer based on the promise was completed on December 15, 2005.
B. On February 18, 2013, the Plaintiff, Defendant, H, and F drafted a transfer contract with the following content:
(hereinafter referred to as the “instant contract” under the said contract. The Defendant, F transferee: the Plaintiff, and Article 1 of the H: The transferor, in the Gyeonggi-gun G, C, and I (I, deemed to be a clerical error in D), will transfer the transferee of the right of collateral security and provisional registration, the right of collateral security and the right of provisional registration of KRW 1.27 million held by the obligor E, and J, and take over the transferee of the right of collateral security and the right of provisional registration.
Section 2:The assignee shall, at the same time as the above contract, effect an auction, lawsuit, consultation, etc. of the above land entrusted by the transferor and transfer it to the assignee after the transferor has acquired it.
(No later than 15 days after the acquisition of the transferred land) Article 3: The total amount of the acquisition shall be KRW 1 billion including the transferor's claims in Gyeonggi-gu K, L, and I, while the KRW 100 million shall be paid to the transferor at the time of the contract, and the transferor shall pay the transferor an amount of KRW 900 million in the balance, if the transferor becomes a cause for acquisition and purchase.
If this is violated, the assignee shall waive all the rights and the down payment under this contract to the transferor.
Article 4:Transferr shall provide the assignee with and cooperate with all documents, materials, etc. capable of acquiring the said land, and shall cancel this contract and return the down payment to the assignee twice as soon as any of the above causes for non-acquisition of the said land occurred.
Article 5: The transferee shall conduct it to the debtor.