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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C obtained approval for the establishment of a new factory (change) that newly constructs a multi-dong factory building through a series of processes as seen below with respect to D forest land 4,950 square meters (hereinafter “land before the instant subdivision”) owned by it, as indicated in the final attached Form A, B, and C, as regards the land before the instant subdivision.
B. On June 24, 2010, the Defendant and C newly constructed one factory with a total floor area of 330.58 square meters on the land prior to the instant subdivision, and C concluded a sales contract to sell the relevant land and factory to the Defendant in KRW 1,095,00,000,000, pursuant to this sales contract, and the Defendant paid KRW 80,000,000 to C as down payment and intermediate payment pursuant to this sales contract.
On March 2, 2011, C entered into a contract with the Defendant to newly construct a factory with a total floor area of 656 square meters of 1,650 square meters (hereinafter “instant factory”) and a structure with a total floor area of 165 square meters of the instant land (hereinafter “instant structure”) on the land before the instant partition, to sell the relevant land and a factory and a structure with a total floor area of 1,095,000,000 (i.e., the part of the land to 480,000,000 factory with a total floor area of 535,00,000,000,000).
(hereinafter “instant sales contract”). C.
C On January 28, 2011, the name of the factory owner on the instant land prior to the instant subdivision was changed from E to F Co., Ltd. (hereinafter “F”) on the part of C and the Defendant. D.
C On March 7, 2011, the registration of ownership transfer was completed in the future for the Defendant with respect to 1,650/4,950 shares of the land before the instant partition.
E. On March 22, 2011, the land before the instant partition was divided into KRW 1,650 square meters of D forest land (hereinafter “instant land”) and KRW 3,300 square meters of B forest land (hereinafter “instant land”).
Since then, the Defendant acquired the ownership of the entire land of this case, and C acquired the ownership of the entire land of this case, respectively.
(f) C.