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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. (1) On November 28, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase a total of 4,794 square meters (4,628 square meters for factories, 160,000, 166 square meters for a road) out of the seven parcels of land, other than B before subdivision, for the purpose of newly constructing the passenger voting construction site, part of the land B and C, 7,028 square meters for land (hereinafter “B and C before subdivision”) owned by the Defendant (hereinafter “the first sales contract”).
(2) At the time of the conclusion of the above sales contract, the Defendant: (a) divided the size of 4,628 square meters into B and C before the division for the Plaintiff’s new construction of a factory; and (b) agreed to transfer the ownership along with the road along with the road after completing the civil construction work; and (c) as such, the number of the land becomes final
(3) The Plaintiff paid 116,00,000 won to the Defendant on the day of the contract.
B. (1) The Defendant: (a) requested the Korea Cadastral Corporation to conduct a subdivision survey of land B and C before partitioning; (b) accordingly, a cadastral engineer belonging to the Korea Cadastral Corporation was conducted on April 2, 2012, and on April 4, 2012, after conducting a subdivision survey.
1. As shown in the drawing, the result of the partition has been prepared.
The details of land B and C before subdivision among the contents of the divided survey result map dated April 4, 2012 are as follows:
The Plaintiff purchased part of the Plaintiff’s purchase of FF factory site B B prior to the subdivision of the partitioned land (hereinafter “instant C land”) on G factory site G 3,719 square meters and 132 square meters and 3,972 square meters and 2,437 square meters and 2,437 square meters prior to the subdivision of the Plaintiff’s purchase part of H factory site B and C land 619 square meters and 619 square meters prior to the subdivision of the divided land (hereinafter “instant B land”) on April 10, 2012, the Defendant completed the procedures for subdivision of B and C land prior to subdivision, as described in the instant B and C land division on April 10, 2012.
The case B, which is the land for factory purchased by the Plaintiff.