A. On October 19, 2015, the Defendant entered into a sales contract with 370 square meters (hereinafter “instant land”) with the head of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. The content of the said sales contract is that “the transaction of 3.3 million square meters out of the above 370 square meters is made. The divided 40 square meters is divided to be used as an access road.”

B. On November 2, 2015, the Defendant completed the registration of ownership transfer for the instant land to C.

C. On June 13, 2017, the Plaintiff paid KRW 6 million to the Defendant, and received from the Defendant a receipt stating that “One million Won, the said amount is the price of a part of 40 square meters of land on D. The above 40 square meters of land is currently used as a E-ownership passage, and is a part of the same side of D’s land on the cadastral map.”

(hereinafter “instant sales contract”). D.

C On December 12, 2017, the registration of ownership transfer was completed with respect to the land of this case to the Korea Culture and Arts Institute, the Korea Culture and Arts Institute, the Korea Culture and Arts Association.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff sold part of the instant land to C, excluding a partial 40 square meters, and completed the registration of ownership transfer with respect to the entire instant land, but sold the said 40 square meters to the Plaintiff and received KRW 5 million with the purchase price.

Since the obligation of the defendant to transfer ownership according to a sales contract between the plaintiff and the defendant is impossible, the plaintiff will cancel the above sales contract.

Therefore, the defendant is obligated to refund the purchase price of five million won and damages for delay to the plaintiff.

B. First of all, with respect to the legal relationship between the Defendant and C with respect to the area of 40 square meters which is the object of the instant sales contract among the instant land, the relationship between the Defendant and C, where part of the land on one parcel was sold, and the land was not divided on the register.