1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 24, 2012, the Plaintiff and the Defendant concluded a sales contract (hereinafter “existing sales contract”) with respect to the purchase price of approximately KRW 3,303 square meters of forest land B 24,198 square meters owned by the Defendant in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “Before partition”) as KRW 600 million (a down payment is KRW 100 million upon entering into a contract, an intermediate payment is KRW 200 million on June 26, 2012, and the remainder of KRW 300 million on September 28, 2012).

B. At the time of the existing sales contract, the Plaintiff and the Defendant: “(i) trade in installments not less than 3,303 square meters in a residential area among the land before division; and (ii) if there is any increase or decrease in the size after division, the contract amount shall be revised to be KRW 600,000 per square meter; and (iii) the division shall be made by the seller, and the cost shall be borne by the buyer.”

C. Since then, the part of the land falling under the residential area among the land before the subdivision was divided into 3,090 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant one real estate”) and 223 square meters in D forest land (hereinafter “instant 2 real estate”).

Around August 2015, the Plaintiff filed a lawsuit claiming ownership transfer registration (hereinafter “related lawsuit”) against the Defendant (hereinafter “related lawsuit”) by the Ulsan District Court 2015Kadan18816, where the previous contract was maintained under the circumstance that the Plaintiff paid KRW 100 million to the Defendant as the down payment on the date of the contract, but the intermediate payment and the balance were not paid.

E. At the same time, the Plaintiff received KRW 500 million from the Plaintiff with respect to the real estate stated in the attached list, and submitted to the Plaintiff a complaint stating the purport of the claim that “The Defendant shall implement the procedure for ownership transfer registration based on sale on April 24, 2012.” In this case, only the “attached sheet” attached to the complaint was stated in the “attached Form 1”.

F. At the date of conciliation on November 4, 2015, the Defendant received KRW 500 million from the Plaintiff while the relevant lawsuit is pending.