1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s summary of the cause of the Plaintiff’s claim, the Defendant, Nonparty C, and D, etc. together with the F Licensed Real Estate Agent Office located in Pyeongtaek-si E from around 2003 to around 2010.

Attached Form

Each land entered in the list (hereinafter “each land of this case”) was originally owned by the Defendant and C, respectively, by one-half shares, but only the name on the register was Defendant 1.

On November 15, 2004, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant lands in KRW 100 million, and prepared a sales contract (A1) on the same day at the same place where the Defendant, C, D, and the Plaintiff-friendly job offering G is jointly located.

The plaintiff collected 10 million won and G collected 90 million won and delivered receipts (A 3) to the plaintiff, and the above 100 million won were divided by the defendant and C respectively.

As such, the Plaintiff paid the full purchase price, but at the time of December 2004, each of the instant lands was entitled to only a person who resides within 20km of the farmland under the Farmland Act, and thus, the Plaintiff could not transfer ownership under the name of the Plaintiff, and first completed the right to collateral security of KRW 90 million on December 14, 2004 in the name of G.

Recently, the provision on the restriction on distance of 20km was repealed under the Farmland Act, and the plaintiff has occupied each of the land of this case through the lease to Nonparty H through C, so the right to claim ownership transfer registration against the defendant was not in progress. Accordingly, the plaintiff is seeking the implementation of the procedure for ownership transfer registration to the defendant.

However, after the examination of the witness with respect to the above H was implemented on the second date for pleading on May 26, 2017, the Plaintiff partially modified the allegations in the preparatory document as of June 23, 2017, and as of June 2004, each of the instant land at the time of 2004 was located within the land transaction permission zone, the Plaintiff was unable to transfer ownership under the name of the Plaintiff. First of all, the maximum debt amount of KRW 90 million on December 14, 2004 in the name of G is KRW 90,000.