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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant, a company established for the purpose of real estate development business, etc., concluded a sales contract with the Plaintiff on April 3, 2017 as follows (hereinafter “instant sales contract”). The Plaintiff paid down payment KRW 41,386,123 to the Defendant up to that time.
Article 2 (Indication of Objects)
1. Location: “Dyale Co., Ltd.” in Kimpo-si;
2. Parcel number: Article 3 [Sales Amount and Methods of Payment] of the co-registration of co-ownership of land (road) with the size of E divided land and non-high-scale land (road) 27,601,000 square meters; 56.03. 16.95 48,306,485
1. The plaintiff must pay the price for the supply of the object to the defendant in accordance with the schedule.
Total purchase price: 275,907,485 won
B. Of the description of an object referred to in Article 4, the exclusive area and co-ownership share in the part of the first intermediate payment (100%) deposited on April 3, 2017, 41,386,123 won as of April 3, 2017 (15%) may be increased or decreased within the permissible error as permitted by law, in extenuating circumstances, such as the procedure for public book adjustment. If there is any increase or decrease, the difference in the size of the contract and the certified copy of the register shall be calculated on the basis of the price at the time of sale, and the difference in the size of the area shall be adjusted within one month from the date the difference in the area is discovered.
Article 10 (Elimination of Grounds for Restrictions and Transfer of Ownership)
2. When the plaintiff completely pays the purchase price under Article 3(1), the defendant shall transfer the property to the plaintiff without any defects by completely resolving the factors that restrict ownership of the collateral security and superficies established on the real estate.
3. When the plaintiff completely pays the purchase price, the defendant provides necessary documents for the transfer of ownership and the plaintiff makes a registration of transfer of ownership at the plaintiff's expense within 30 days.
4. Since the co-ownership (road, etc.) of a D complex is a co-ownership share registration, the Plaintiff is not entitled to claim the partition of the land.
6. The plaintiff is the defendant.