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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2, 2007, the Plaintiff purchased from the Defendant the land of 1,551 square meters of C forest land in Yongsan-gu, Seoyang-gu, Seoyang-gu, the Defendant owned (the area of 1,551 square meters of c forest land was 1,551 square meters, and the area of 775 square meters of c forest land was divided into D on October 14, 2005, which was before the division; hereinafter “the land before the division”; c76 square meters of c76 square meters of c76 square meters of c76 square meters of c76 square meters after the division; hereinafter “the land after the division”). At the time of the sales contract, the Plaintiff concluded a real estate sales contract with the Defendant on May 3, 2007 (hereinafter “the real estate sales contract”) with the content that a down payment of 1,170 million won of the sales price was to be paid to each of the Defendant on May 3, 2007.
B. As to the instant real estate sales contract, on March 30, 2007, the Defendant issued a receipt stating that the Defendant received an intermediate payment of KRW 70 million from the Defendant, and on May 3, 2007, received the remainder payment of KRW 37 million from the Defendant, and issued it to the Plaintiff.
C. On May 15, 2007, the Plaintiff filed a provisional injunction on the land after the division of this case as the right to claim the execution of the procedure for ownership transfer registration against the Defendant under the Real Estate Sales Contract Act as the preserved right, and completed the provisional injunction on May 21, 2007 upon receiving the said decision.
After the division of this case, the land was expropriated as a project site of the “E Expressway”. However, the Ministry of Land, Infrastructure and Transport, the Ministry of Land, Infrastructure and Transport, and the Seoul Regional Land Management, based on Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, based on the ground that the Plaintiff cannot pay the above expropriation compensation to the Defendant by filing an application for provisional injunction against the payment of the expropriation compensation with the Seoul District Court High Court Decision 2016Kadan1878 and being served with the provisional injunction decision.