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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s land owned by the Defendant is the owner of the C Forest C, 3,636 square meters (hereinafter “the instant forest”).
B. On July 20, 2016, the Defendant entered into a sales contract between the Defendant and D (hereinafter “instant sales contract”) with D to sell D forest land of this case in KRW 420 million (hereinafter “instant sales contract”).
(2) At the time of the conclusion of the instant sales contract, D requested the Defendant to “to prepare and change a written consent for land use to build a new factory to construct a factory site in the instant forest and forest and to pay the remainder after obtaining a loan.”
Upon acceptance of D’s request, the Defendant issued D’s seal impression affixed to D’s written consent for land use including the following details, and issued the Defendant’s seal impression with the Defendant’s seal impression issued.
Land use period: From July 20, 2016 to the time of transfer of ownership: Defendant land user: Daesung Co., Ltd.
C. D approval for the new establishment of a factory has been granted from the Asan City Mayor on September 29, 2016, by filing an application for approval for the new establishment of a factory for wooden sub-market and other red trials on the ground of the instant forest land with the Asan City Mayor under the name of the Masan Mad Co., Ltd. (hereinafter referred to as “Madrid”).
On October 2016, the Plaintiff started the civil engineering work for building a factory site in the forest of this case.
On December 14, 2016, the Plaintiff continued the construction work and completed the civil engineering work into the factory site in the forest of this case.
[Ground of recognition] Evidence Nos. 7, Eul Nos. 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), the images of Evidence No. 8, the response of the order to submit financial transaction information by the head of the new Saemaul Depository of this Court, and the purport of the whole pleadings
2. The plaintiff's assertion
A. On October 14, 2016, the Plaintiff is between D and the Defendant’s agent.