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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 Plaintiff owned C (which was changed to D) and E (which was changed to F) and G (which was changed to H) and I (which was changed to J) (which was subsequently changed to the Chungcheongnambuk-gun), and the Defendant owned K (which was changed to D) adjacent to the above land (which was referred to as “Plaintiff-owned land”) of the Cheongbuk-gun, which was adjacent to the pertinent land.
B. On April 2008, around May 2012, the Plaintiff completed construction with the permission to develop a warehouse site in the land owned by the Plaintiff and the instant land upon obtaining a written consent from the Defendant for the use of the land of this case and obtaining a total of KRW 498,570,000 from the Defendant.
C. Meanwhile, the Defendant sold the instant land to M on May 10, 2013 and completed the registration of ownership transfer by selling it in KRW 397 million.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 12, Eul evidence 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion 1) Although the Plaintiff tried to develop only the original land owned by the Plaintiff, it is thought that the development together with the land owned by the Plaintiff would bring interests to both the Plaintiff and the Defendant, and that joint development was proposed. 2) At the time of the proposal for joint development, the Plaintiff, upon completion of the construction project, was to pay the construction cost to the Plaintiff, after the commencement of the construction project and the Defendant first completed the construction with the Plaintiff’s funds, and the construction cost was to be settled by the Defendant selling the instant land to the Plaintiff at KRW 1 million per square.
3. If the Plaintiff purchased the instant land in the amount of KRW 1,00,000 at the time of deliberation, the Defendant does not make any funds or efforts and the value of the instant land is KRW 700,000 per deliberation.