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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 3, 2015, the Plaintiff entered into a contract with the Defendant for the share of 1,653/28,453 among the shares of 1,653/28, and 453 (hereinafter referred to as “instant share of land”) with respect to C forest 28,458 square meters (hereinafter referred to as “instant land”) owned by the Plaintiff on December 3, 2015, and with respect to the remainder of the share to Effa Co., Ltd. (hereinafter referred to as “EFC”).
(B) The sales contract for the said shares entered into between the Plaintiff and the Defendant (hereinafter “instant sales contract”).
In a sales contract for the instant land share written between the Plaintiff and the Defendant, the Plaintiff stated that “125,00,000 won is paid and received at the time of the contract,” and the Plaintiff’s seal is affixed thereon.
[Reasons for Recognition] Unsatisfy, Gap 1, 2, and Eul 1
2. The parties' assertion;
A. The Plaintiff’s assertion 1) A, the Defendant’s primary claim, made a request to the Plaintiff for a free transfer of the instant land share to the Plaintiff on condition that he purchases the instant land, and in a specific way, the Defendant purchased the instant land share from the Plaintiff and opened the road, and provided it to the Defendant. The Plaintiff, upon consent, concluded the instant sales contract where he/she transferred the instant land share to the Defendant without compensation. However, there was no request for a free transfer of the instant land share for the purpose of building the road. Accordingly, since the instant sales contract was made by deception, it was revoked, and the Defendant is obligated to implement the procedure for the cancellation of the registration of the transfer of share in the primary claim as to the instant land share as to the instant land share, and the Defendant is obligated to pay the Plaintiff KRW 45 million, which the Defendant pays to the Plaintiff, out of the purchase price of KRW 125,00,000,000, and the Plaintiff paid to the Defendant.