2. The plaintiffs' remaining primary claims and plaintiffs A.

around 2007, Defendant D purchased from Defendant C Village Association (hereinafter “Defendant C Village Association”) for KRW 260,000,000,000 for E-type 336 square meters (hereinafter “instant land”), but the transfer of ownership was suspended.

Plaintiff

B, on May 27, 2013, a cashier’s check was issued to Defendant D at a par value of KRW 50 million, and a real estate sales contract was prepared between the above Defendant and the content that the instant land was purchased at KRW 280 million under the name of Plaintiff A, his spouse, other than Plaintiff A, and one other.

According to the above contract, the down payment of KRW 50 million in the purchase price was paid to Defendant D at the time of the contract. The payment of KRW 80 million in the intermediate payment and the payment of KRW 150 million in the remainder is due on May 28, 2013 and May 31, 2013, respectively. The delivery date of the instant land is November 30, 2013.

Defendant D issued each receipt of KRW 80 million of the above down payment and the intermediate payment of KRW 50 million in the future of Plaintiff A.

【Ground of recognition” without any dispute, Gap 1 through 5 (including a provisional number; hereinafter the same shall apply), Eul 2 evidence, and the purport of the entire pleadings, the primary claim-based plaintiffs seek the registration of ownership transfer at the same time with payment of the balance to the defendant D who is the seller of the land of this case as the purchaser of the land of this case, and seek the registration of ownership transfer to the defendant Village Association by subrogation of the defendant D's future for the purpose of preserving

In the event that the sales contract between the plaintiffs and the above defendant is impossible or cancelled, the plaintiff A claimed the return of the down payment and the intermediate payment, and where the sales contract is not recognized as effective, the plaintiff A claimed the payment of the down payment and the down payment of KRW 50 million and the down payment of KRW 80 million.

Judgment

Since the legal judgment or assessment of facts regarding the primary claim is not subject to confession, the court is not bound by the party’s statement (see, e.g., Supreme Court Decisions 2004Da70789, Jun. 2, 2006; 2007Da87061, Mar. 27, 2008). Although the Plaintiffs are the Defendant, the Plaintiffs are not subject to confession.