The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, 4, 6, and 8 (including additional numbers) and the overall purport of the pleadings, or are apparent in records.

The Defendant completed the registration of ownership transfer on June 30, 2016, on July 9, 2014, on the land of 2610 square meters (hereinafter referred to as “C before subdivision”) from E, on the ground of inheritance by consultation and division.

B. On July 25, 2016, C land before subdivision was divided into three: (a) 1287 square meters and D 1323 square meters and 1323 square meters.

C. On May 15, 2016, the Defendant sold part of the pertinent D land (hereinafter “instant land”) to the Plaintiff in KRW 110,000,000,000, out of the purchase price.

(2) In the first sale contract, the Plaintiff agreed to pay the remainder amount of KRW 110,00,000 to the Plaintiff on May 31, 2016, the intermediate payment of KRW 30,000,000, out of the purchase price of KRW 110,000,000, and the intermediate payment of KRW 60,000,00,000, on June 24, 2016, respectively, and the Defendant provided that the Plaintiff shall pay the remainder to the Plaintiff on May 31, 2016, along with the payment of the remainder, the documents necessary for the registration of the transfer of ownership, and the Defendant provided that the Plaintiff shall remove the defects and burdens of the rights that restrict the exercise of ownership over the sale object until the remainder

According to the first sales contract, the Plaintiff paid each of the remainder KRW 20,000,000 to the Defendant on May 14, 2016, and KRW 10,000,000 among the intermediate payments on May 17, 2016, and KRW 20,00,000 among the intermediate payments on May 31, 2016.

E. Meanwhile, on the other hand, on July 9, 2013, the registration of creation of a superficies (hereinafter the above superficies) with respect to the land C before subdivision was completed between the maximum debt amount of KRW 96,200,00,00, the debtor E-mortgage and the F-mortgager, and the registration of creation of a superficies (hereinafter the above superficies) with respect to the right to collateral security (hereinafter the “instant superficies”) and the right to collateral security (hereinafter the “instant superficies”).

After that, the defendant received the ownership of land C before the division from E, and the debtor of the above right to collateral security also takes over the contract on November 10, 2016.