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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. D owned the mining right to G mine located in the area of 1,668 square meters of E forest and 304 square meters of F forest and 304 square meters (hereinafter “instant forest and 304 square meters”). However, on March 7, 2014, Cheongju District Court rendered a decision to commence compulsory auction on the instant mining right as Hocheon Branch H with respect to the instant mining right.
B. On June 7, 2014, the Defendant purchased the instant mining right in KRW 2.8 billion from D, and paid the down payment of KRW 300 million, but on February 10, 2015, the Defendant filed a lawsuit for the purchase price claim against Cheongju District Court No. 2015Ga1038 against D.
The Defendant asserted in the above lawsuit that “the Defendant and D agreed that the above sales contract should be invalidated on the condition that the Defendant would refund KRW 125,328,000,00 for the recovery of mountainous district deposited from D. However, since D did not refund the above deposit for recovery of mountainous district, the above sales contract still remains valid, and as D’s default status continues, D is obliged to pay KRW 300,000 to the Defendant for the refund of the purchase price or compensation for damages.”
C. On April 13, 2015, the Plaintiff purchased the instant mining right in the process of compulsory sale by official auction for the instant mining right. On July 17, 2015, the Plaintiff entered into a contract with D to acquire the certificate of temporary use of the instant forest (hereinafter “instant acquisition contract”). D. Cheongju District Court Seocheon-gu (2015Gahap1038) on July 21, 2015, the Plaintiff purchased the instant mining right in the process of compulsory sale by official auction for the instant mining right (125,328,00 won) and notified the Plaintiff of the deposit for temporary use restoration expenses (125,328,00 won) for the purpose of mining development for the instant forest as the down payment for the said sales contract, and notified the Plaintiff of the deposit for temporary use restoration expenses (125,328,000 won).
"The decision to recommend reconciliation" was made on September 2, 2015, and the decision to recommend reconciliation became final and conclusive on September 2, 2015.
E. On July 30, 2015, the Plaintiff is the Defendant.