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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 16, 201, the Plaintiff: (a) sold to K each forest listed in the separate sheet (hereinafter “each forest of this case”) to K for KRW 42 billion; and (b) concluded a sales contract stating that KRW 40 million on the date of the contract, the intermediate payment of KRW 160 million on December 30, 201, and the remainder of KRW 22 million on December 31, 201 (hereinafter “instant sales contract”) to be paid as of December 31, 201 (hereinafter “instant sales contract”); (c) the seller entered into a contract under a special agreement at the time that the buyer would change the design and start work, or receive loans necessary for the balance of forests and fields as security, and (d) the buyer would have to pay all the expenses if all kinds of acts are performed upon the buyer’s needs after the contract.
B. K paid KRW 40 million to the Plaintiff at the time of the instant sales contract, and paid KRW 160 million on December 30, 201.
C. On July 16, 2012, the Plaintiff entered into a sales contract with Defendant C and Defendant B, a child of K, to sell each of the instant forests to the Defendants. Of the sales price, KRW 40 million, an intermediate payment of KRW 260 million, at the time of the contract, was to pay the remainder of KRW 22 million by July 30, 2012, and by August 31, 2012. Under a special agreement, the Plaintiff agreed that the buyer succeeds to the remainder of KRW 100 million when the buyer pays the remainder, and the seller shall complete all necessary documents when the design change and commencement is commenced.
On the other hand, each of the instant forests was originally a 9,700 square meters of woodland Ledin-si Ledin-si Ledin-si Ledin-si (hereinafter “the instant forest”). Co-owners, including the Plaintiff, were to promote a development plan for forest land before division on January 13, 2006, and agreed as follows (hereinafter “instant agreement”).
1. The development plan for the forest land before its division shall be promoted on the basis of the provisional division, and all the sites for each co-owner shall be located;