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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. On December 17, 1999, the Plaintiff owned land C, D, E, F, G, H, and the above C-ground buildings (hereinafter collectively referred to as “instant real estate”). However, on December 17, 1999, the National Bank applied for the auction of the instant real estate to Suwon District Court I on the instant real estate based on the right to collateral security, and the Defendant, who is the Plaintiff’s happy birth, completed the registration of ownership transfer on the same day after receiving the decision to permit the sale on February 27, 2001.
B. On June 18, 2007, the Ministry of Construction and Transportation publicly announced the “J Construction Project”, and the instant real estate was included in the land scheduled for expropriation as K’s site. On October 16, 2007, the Plaintiff and the Defendant drafted a written agreement containing the following (hereinafter “instant agreement”) and the agreement thereunder.
The drawings attached to the instant agreement are fully indicated as the area to be expropriated.
This Agreement stipulates that A (hereinafter referred to as “A”) and B (hereinafter referred to as “B (hereinafter referred to as “B”) of the above site and buildings in Suwon-si, Suwon-si, Suwon-si, D, E, F, G, H (hereafter above seven parcels) shall be implemented in good faith as follows:
:
A. As to the above real estate, “B” recognizes “B” as to a certain portion of the contributory portion (as approximately KRW 34 million) at the time of an auction by the court, and “B” demanded “B” due to a rise in the price of the said real estate, as the above contributory portion did not bring about a dispute between the siblingss, thereby making an agreement thereon.
1) “A” cannot use a written agreement to “B” other than at the time of expropriation or sale of land. 2) The amount of the written agreement shall be written on the basis of design drawings attached to the attached Form, and the later time shall be agreed again.
3. “A” cannot carry out legal measures and implementation with respect to the other property of “B” on the basis of the written agreement, and upon the implementation of the measures, this agreement becomes null and void, and “B” shall not implement the amount of the written agreement.