1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 9, 2018, the Defendant entered into a contract with the Plaintiff to purchase KRW 1322 square meters of D forest land (hereinafter “instant forest”) owned by the Plaintiff at KRW 140 million of the purchase price (hereinafter “instant contract”). The Defendant paid KRW 10 million of the down payment to the Plaintiff on the day of the contract.

According to the instant sales contract, the intermediate payment of KRW 40 million is paid in the remainder on April 17, 2018, and KRW 90 million on July 27, 2018.

B. Since then, the Defendant paid the Plaintiff a total of KRW 90 million on April 17, 2018, the intermediate payment of KRW 40 million on April 17, 2018, and the remainder of KRW 40 million on July 11, 2018, and did not pay the remainder of KRW 50 million.

[Grounds for recognition] The written evidence Nos. 1, 2, and 4 and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff allowed the defendant to suspend payment of KRW 50 million out of the balance for the settlement of various public charges on the forest of this case and the cancellation of limited real rights on the register. Since the plaintiff fulfilled all the above obligations, the defendant shall pay the balance of KRW 50 million.

The Plaintiff was punished for approximately 80% of the forest of this case.

Since the punishment of the forest of this case cannot be imposed on the forest of this case after obtaining permission in order under the Forest Management Act, it is in violation of the good faith principle to pay the remainder.

B. At the time of the instant purchase and sale contract by the Defendant’s assertion, the Plaintiff completed the logging work before the remainder date and obtained permission to occupy and use at least four meters in width from July 2019. In the event that it is not possible to obtain permission to occupy and use a tree, each of the above obligations should be paid as compensation for damages.

However, the Plaintiff did not perform the above obligations until the date of the above agreement, and did not perform them up to now.

The defendant, at the request of the plaintiff on July 11, 2018, set a set of trees.