1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On September 2, 2008, the provisional registration of the right to partial transfer of ownership was completed on September 2, 2008 with respect to one-half shares of C, 3,448 square meters of forest land (hereinafter “instant land”) in Jeju-si owned by the Defendant (hereinafter “instant provisional registration”).

B. Meanwhile, on September 2, 2008, the Plaintiff and the Defendant drafted a pre-sale agreement with respect to 1/2 shares of the instant land at KRW 30,000,000 (hereinafter “instant pre-sale agreement”) and the main contents are as follows.

Article 2. The date of completion of the sale and purchase agreements shall be March 2, 2009; and upon the expiration of the said date, the sale and purchase agreements shall be deemed to have been concluded even without the Plaintiff’s declaration of intention to complete the sale and purchase agreements.

When the sale and purchase has been completed pursuant to Article 3 (2), A (Defendant) and B shall enter into a sale and purchase contract for the above real estate, and A shall receive the price under Article 1 from B and simultaneously implement the procedure for registration of transfer of ownership due to sale and purchase of the above real estate to B, and deliver and order the above real estate.

Article 4 Section B shall pay Party A the deposit of this reservation amount of KRW 29,00,000 on the date of the reservation, and the amount shall be deducted from the price under Article 1.

[Grounds for recognition] The facts without dispute, Gap evidence No. 1, Eul evidence No. 2-1, and the purport of the whole pleadings are asserted by the plaintiff as to the purport of the whole pleadings, and since the trade completion was made on March 2, 2009 in accordance with the pre-sale agreement in accordance with the pre-sale agreement, the defendant asserts that the plaintiff is liable to perform the principal registration procedure on the basis of the provisional registration

The Defendant asserts that the Defendant, as the Plaintiff purchased part of the land E at Jeju from D, but failed to cancel the right to collateral security established on the said land through voluntary auction, the Defendant, the mother of F, D, offered the instant land as collateral and completed the instant provisional registration, and merely borrowed the form of the pre-sale agreement.

Judgment

In this case.