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

3. The decision of the court of first instance is in accordance with paragraph (1);

A. On March 5, 2004, the Plaintiff entered into a contract with the Defendant’s husband C to purchase KRW 30,000,000 (hereinafter “instant contract”) of KRW 310 out of the amount of KRW 43,323 square meters of forests and fields D in Gyeonggi-gu (hereinafter “instant forest”).

B. The Plaintiff transferred KRW 1,00,000 on March 6, 2004, and KRW 2,000,000 on March 8, 2004 to the account under the name of each C as the down payment under the instant sales contract, and transferred KRW 10,00,000 on March 12, 2004 as the intermediate payment, and KRW 5,000,000 on March 19, 2004 as the intermediate payment.

C. The Defendant registered the shares of 11258/4323 out of the instant forest land as the owner. However, on August 4, 2004, the registration of the transfer of shares in the said Defendant’s name was completed in F and G in relation to the shares in the instant forest land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) The primary argument C is the defendant's representative, and the effect of the contract of this case extends to the defendant.

On August 4, 2004, the sales contract of this case was impossible to execute by transferring the shares owned by the defendant in the name of a third party among the forest land of this case, and the plaintiff cancelled the sales contract of this case on the ground that it is impossible to perform.

Therefore, the Defendant, who is a seller, shall return the total amount of KRW 18,000,000 (= KRW 1,000,000,000) paid by the Plaintiff, to KRW 10,000,000,000).

(2) Even if the sales contract of this case’s conjunctive assertion does not have the effect to the Defendant, the Defendant received the aforementioned KRW 15,000,000 from the Defendant’s account under the name of the Defendant (= KRW 5,000,000) without any legal ground, and thus, it should be returned to the Plaintiff.

B. The fact that C, on behalf of the Defendant, entered into the instant sales contract with the Plaintiff on behalf of the Defendant, is identical to the foregoing, and thus, C shall be subject to such a determination.