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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The plaintiff's claim added by this court is dismissed.
3...
Reasons
1. Basic facts
A. On September 15, 2005, the Plaintiff purchased at KRW 250 million from Gwangju-si D’s land and ground housing (hereinafter “instant housing”; and hereinafter “Eup’s land number,” the Plaintiff purchased KRW 250 million in price.
B. In fact, the instant housing was 12 square meters out of the land E, 3 square meters out of the land E, 3 square meters, and H out of the land E, 12 square meters, 3 square meters out of the land G, and 4 square meters. However, other land than D was not owned by C, and C was not able to secure and transfer the right to the said land to the Plaintiff, and eventually, the Plaintiff was unable to undergo a completion inspection on the instant housing.
C. In such a situation, on September 25, 2012, the Plaintiff purchased “3 square meters from the F land, 3 square meters from the land, and 12 square meters from the land,” and the Defendant’s consent to permanent use with respect to “4 square meters from the H land and “F land”: Provided, That as to “4 square meters from the H land,” the ownership was transferred rather than the permanent consent to use.
(See Evidence No. 4-2). The Plaintiff entered into a sales contract to pay 35 million won to the Defendant (hereinafter “instant sales contract”). D.
Meanwhile, notwithstanding the instant sales contract, the Plaintiff and the Defendant delayed the Defendant’s duty to transfer the ownership of “F land” and “H land” among the subject matter of sale. On March 20, 2014, the Plaintiff and the Defendant drafted a performance agreement (i.e., the Defendant’s failure to perform the obligation to transfer ownership registration of H land to the Plaintiff by May 20, 2014, and (ii) that “where the Defendant fails to perform the obligation, he/she shall transfer to the Plaintiff up to 4 square meters out of H land, but he/she shall bear the interest on the Plaintiff’s loan (a loan of KRW 150 million) from August 20, 2014 to the time of transfer of ownership (hereinafter “the first implementation agreement”). Even after the first implementation agreement, the Plaintiff and the Defendant did not perform the obligation to transfer ownership of 4 square meters out of H land to the Plaintiff by December 31, 2015.