1. The plaintiff's claim is dismissed.

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

Basic Facts

Plaintiff (formerly: D) is a company with the purpose of automobile sales business, etc.

The defendant is a member of the clan C (hereinafter "the clan of this case"), and the clan of this case is the owner of each land listed in the separate sheet, and E is the representative of the clan of this case, who is the nominal holder on the register of title trust, and the land stated in paragraphs 4 through 7 of the separate sheet from the clan of this case.

On January 24, 2014, E representing the clan of this case signed a sales contract as the representative of the clan for each land listed in paragraphs 1 through 3 of the attached Table, and as the representative of the clan for each land listed in paragraphs 4 through 7 of the attached Table, as the owner on the register.

The purchase of each land listed in the attached Table 1,130,000,000 won for the purchase, and the down payment of KRW 113,00,000 shall be paid at the time of the contract, and the intermediate payment of KRW 200,000 shall be paid until April 24, 2014, and the remainder of KRW 817,00,000 shall be paid until September 26, 2014, and the remainder shall be paid after a graveyard is removed (hereinafter referred to as “the sales contract in this case”). The sales contract in this case concluded on January 24, 2014 and paid KRW 113,00,000 for the intermediate payment of KRW 20,000 for the intermediate payment of KRW 20,000 on April 24, 2014, respectively.

On September 30, 2014, the clan of this case moved to the land in the annexed Table 1, which was established on September 30, 2014.

On October 2, 2014, the Plaintiff sent to the instant clan a content-certified mail stating that “The instant sales contract shall be rescinded on the grounds that he/she did not perform his/her duty to move to a cemetery by September 26, 2014, the date when the clan is prohibited,” which was served around that time.

At the same time, the clans and E have accepted procedures for the registration of ownership transfer for each land listed in the separate sheet against the plaintiff, and at the same time requested the plaintiff to pay the remainder of KRW 817,00,000 to the clans of this case (Seoul District Court 2015Gahap1248), and the plaintiff in the lawsuit above is the clans of this case.