1. The Defendant’s trade on August 6, 2008 with respect to the Plaintiff’s share 26.17/427 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

1. Facts of recognition;

A. On August 6, 2008, the Plaintiff and the Defendant concluded a sales contract with regard to 30 square meters of D Forest land, 659 square meters (the land category was changed to a site on January 20, 2010), and 660 square meters of C Forest and Forest land before subdivision (hereinafter “Before subdivision”) as to KRW 90 million (hereinafter “the instant sales contract”).

B. Around August 13, 2008, the Plaintiff paid the sales price of this case to the Defendant. On August 14, 2008, the Plaintiff completed the registration of ownership transfer based on the instant sales contract as to the aforementioned D forest land and land before subdivision.

C. On November 11, 2009, the Defendant divided the E Forest Land into KRW 160 square meters on the land before subdivision, and KRW 73 square meters on March 10, 201 (the land category is changed to a site on January 20, 2010). D.

On May 6, 2010, the Plaintiff and the Defendant divided the shares of the Plaintiff as to the above land C due to partition of co-owned property, and thereafter transferred the shares of the Defendant as to the above land F to the Defendant, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant purchased 30 square meters of land before subdivision from the Defendant, 9.174 square meters of land before subdivision, and completed the registration of ownership transfer with respect to 100/660 of land before subdivision.

Around May 6, 2010, the Defendant, while making a partition of co-owned property on the land before partition, intended to transfer the ownership of 9.174 square meters among the land before partition, but it changed the ownership of 73 square meters among the land before subdivision. The Defendant, upon the Plaintiff’s complaint, completed the reinforcement work on G land owned by the Plaintiff, but did not complete the said construction work.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer with respect to the share of 26.17/427 of the land before subdivision to the Plaintiff.

B. The summary of the Defendant’s assertion is that the Defendant did not perform the sales contract on the land before the partition, but the Plaintiff and the Defendant transferred the ownership of 26.17 square meters of the land before the subdivision.