1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 16, 2015, the Plaintiff purchased KRW 826 square meters from the price of KRW 600,000,000,000, out of 1867 square meters (hereinafter “instant land before the instant partition”) with the Defendant and Seopo-si B, Seopo-si (hereinafter “instant land”). Of the price, KRW 60,00,000, the Plaintiff concluded a sales contract with the Defendant to pay the remainder of KRW 540,00,000 on the date of the contract, and paid the Defendant the down payment of KRW 60,00,000 on November 16, 2015.

B. At the time of the instant sales contract, the Plaintiff agreed with the Defendant to the effect that “the total area of 1867 square meters is 826 square meters, and the location is indicated as the following first drawings, and the Defendant shall divide the 826 square meters by paralleling with the 1st drawing sign board until the remainder payment is made.”

C. On October 28, 2015, the Defendant divided the land before the instant subdivision into 1041 square meters and 826 square meters before Seopo-si B, Seopo-si, as indicated below, as the second drawings.

On November 13, 2015, the Plaintiff sent to the Defendant, on November 13, 2015, a letter verifying the content that “The Defendant began with the 1st measurement standard line, as indicated below, as indicated in the third drawing, to divide the land before the instant partition into a size of 826 square meters.” However, the Plaintiff did not pay the remainder on November 16, 2015, to the effect that “The Defendant did not perform the obligations under the instant sales contract by dividing the area between the parallel line and the surveying standard line into a size of 826 square meters, starting with the south boundary line of the land before the instant subdivision, as indicated in the 2nd drawing.”

E. On November 17, 2015, the Defendant sent to the Plaintiff a content-certified mail stating that “the Defendant divided the instant land before the instant partition in accordance with the instant sales contract, as indicated in the second drawing.”

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2, Eul evidence 3-1, 2, Gap evidence 4, Eul evidence 5, Eul evidence 2, and the purport of the whole pleadings.