1. The Defendants trade on November 9, 2009 with respect to each of 1/2 shares out of 959 square meters of land in Incheon-gun D Forest, Incheon-gun, respectively, to each Plaintiff.

1. Basic facts

A. The Plaintiff is the co-born of the deceased E (hereinafter “the deceased”), and the Defendants are the children of the deceased.

B. The Defendants completed the registration of ownership transfer on November 1, 2009 with respect to each of 1/2 shares of F forest land 4,278 square meters in Incheon Reinforcement-gun (hereinafter “the instant forest”) on November 19, 2009, respectively.

C. On November 9, 2009, the Plaintiff entered into a sales contract with the Defendants to divide the instant forest into KRW 957 square meters and purchase KRW 50,498,000 among the instant forest land (hereinafter “instant sales contract”) and entered into the said contract as the special agreement, stating that “the cost of surveying (the cost of dividing the forest land) shall be borne by the buyer.”

The Plaintiff transferred to the Deceased KRW 20 million on Nov. 9, 2009, KRW 20 million on Nov. 16, 2009, KRW 20 million on Nov. 16, 2009, KRW 13,214,00 on Dec. 1, 2009, and KRW 53,214,00 on Dec. 13, 2009.

E. The Deceased died on December 28, 2013.

F. Of the instant forest land which is the object of the instant sales contract, 957 square meters was divided into 959 square meters in Incheon-gun, Incheon-do, during the course of the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff asserted that part of the instant forest land was purchased in order to build a house for electric power generation. At the time of the instant sales contract with the Deceased, the Plaintiff stipulated the special terms and conditions under which ownership was transferred in a state where construction is possible by changing the form and quality of the said forest land, and paid KRW 305 million to the Deceased at its expense

However, the Defendants did not perform the duty of change of form and quality even though they succeeded to the duty of change after the death of the Deceased, and clearly state that they did not intend to perform the duty, so the Plaintiff will cancel the instant sales contract by serving a duplicate of the complaint on the grounds of

Therefore, the Defendants received from the Plaintiff.