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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts constituting the premise of the dispute
A. On February 4, 2016, the Plaintiff: (a) sold KRW 39,901 square meters of C forest land (hereinafter “instant forest”) to the Defendant for KRW 1 billion; (b) and (c) sold KRW 90,234 square meters of D forest land (hereinafter “instant forest land”) in KRW 1 billion, respectively.
B. On February 4, 2016, the date when the above sales contract was concluded, the Defendant prepared to the Plaintiff a letter of performance of ownership transfer (Evidence A 3). The main contents are as follows.
1. When the buyer pays the remainder of the forest land No. 2 of this case to the Plaintiff, the buyer shall pay the Plaintiff KRW 410,000,000 in addition to the purchase price and complete the transfer of registration.
2. On June 22, 2016, the Defendant for the 2nd forest buyer of the instant case reversed a sales contract that fails to perform the remainder payment within the remainder payment date (on June 22, 2016).
3. The Defendant of the first forest buyer of this case paid 300,000,000 won payable out of the purchase price to the Plaintiff by April 22, 2016.
C. On February 17, 2016, the Defendant completed the registration of ownership transfer with respect to the instant forest land No. 1, and on the same day, established the right to collateral of KRW 750,000,000 with respect to the instant forest land No. 1, and paid KRW 500,000 among them to the Plaintiff.
On February 24, 2016, the Plaintiff asserted that “the Defendant did not pay any balance under the above sales contract and thus rescinded the sales contract,” and filed an application for provisional disposition prohibiting disposal (Cheongju District Court Decision 2016Kadan67) with respect to the instant forest land No. 1 with the right to claim the cancellation of registration of ownership transfer following the cancellation of the sales contract as preserved bond, and filed a lawsuit claiming the cancellation of registration of ownership transfer on March 29, 2016.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 7 evidence, Eul 7 evidence, the purport of the whole pleadings
2. The plaintiff's assertion of this case Nos. 1 and 1.