A. On March 25, 2005, the Plaintiff asserted that: (a) purchased the land of 316 square meters (hereinafter “D land”); and (b) purchased the land of 18 square meters (hereinafter “instant land”) from the E field located between the front of the said land and the road, the Plaintiff purchased the land of 74 square meters in the E field located between the front of the said land and the road.

C had purchased the instant land from the Defendant before selling it to the Plaintiff, but failed to complete the registration of ownership transfer through division, so on March 25, 2005, the Plaintiff, the Defendant, and C agreed to directly transfer the ownership of the instant land to the Plaintiff (hereinafter “instant transfer agreement”).

Therefore, pursuant to the instant agreement on the transfer of ownership, the Defendant is obligated to perform the procedure for the transfer of ownership with respect to the remaining land with the exception of 13 square meters of land donated by the Defendant among the instant land (hereinafter referred to as “busine land”) among the instant land pursuant to the ownership transfer agreement. However, since the ownership transfer registration on the remaining land was completed on or around September 2016 of the original city as to the land, it was impossible to perform the above obligation, the Defendant is obligated to pay the Plaintiff the remainder of the land at the time of nonperformance with the market price of KRW 20 million and damages for delay.

B. The Defendant’s assertion did not sell the instant land to C as well as the Plaintiff, and there is no fact that the Defendant agreed with the Plaintiff and C to transfer the ownership of the instant land to the Plaintiff.

2. Determination

A. In full view of the following facts and circumstances, whether there was an agreement between the Plaintiff, the Defendant, and C on the transfer of ownership of the instant case, and whether there was no dispute between the Plaintiff, the Defendant, and C, and the purport of the entire testimony and arguments, including the numbers, and the following facts and circumstances.