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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff is the Plaintiff’s 3,333 square meters of forest C in Ansan-si (hereinafter “instant land”).
A) The Plaintiff is a land developer. The Plaintiff agreed to sell the land to be divided to the Defendant after completing the development activities on the instant land, and the Plaintiff and the Defendant agreed to set the amount calculated by the Defendant’s KRW 4.50,000 per square meter after the completion of the development activities in a state where the area of the said partitioned area is not accurately known, as the purchase price. After that, due to the Plaintiff’s development activities, the Plaintiff’s land category change and division had been completed with D large scale 813 square meters per square meter per square meter and E road 428 square meters per square meter in Ansan-dong, Ansan-si, and the Defendant’s share of KRW 71/428 of the said E-28 square meter (hereinafter “instant divided land”).
A) The registration of ownership transfer with respect to the land partitioned in this case is completed. Accordingly, the purchase price for the land partitioned in this case shall be 120,150,000 won (=450,000 won x 267 square meters). However, the Defendant is obligated to pay the remainder of the purchase price to the Plaintiff, and the Defendant is obligated to pay 20,150,000 won for the specific land to be divided into the Plaintiff’s development activities. 2) The sales contract was concluded by fixing the purchase price for the specific land to be divided into the Plaintiff’s development activities as KRW 90,000,000, and the actual area after the division was agreed to increase the purchase price for the above KRW 100,000,000,000 as a result of the increase in the actual area after the division
B. The burden of proving that an agreement was made with the amount calculated by multiplying the area of the land actually transferred in installments by the purchase price of KRW 450,000,000 per square meter is asserted against the Plaintiff.
In full view of the purport of the entire pleadings as to the evidence Nos. 1-1, 2, 3, and 2-1, the Plaintiff agreed to sell approximately KRW 200 of the land of this case to the Defendant for approximately KRW 90 million (hereinafter “instant sales contract”).