2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

On the premise that the Plaintiff concluded a sales contract with C representing the Defendant to purchase real estate listed in the separate sheet with the Defendant on behalf of the Defendant (hereinafter referred to as “instant real estate” and “instant sales contract”), the Plaintiff filed a lawsuit seeking the cancellation of the instant sales contract due to the Defendant’s nonperformance of obligation and the payment of KRW 111,786,959 for restitution and damages incurred therefrom, and a lawsuit seeking the implementation of the procedures for ownership transfer registration pursuant to the instant sales contract, preliminaryly, the Plaintiff filed a counterclaim against the Plaintiff to seek payment of KRW 41,340,000,000, including, at the same time, the registration of ownership transfer relating to the instant real estate was completed, the amount of unpaid sales price and the amount of unjust enrichment equivalent to the rental profit.

B. As to the instant case, on June 7, 2012, the first instance court rendered a judgment dismissing both the Plaintiff’s principal claim and the Defendant’s counterclaim on the premise that the Defendant is a party to the instant sales contract, on the grounds that the actual party to the instant sales contract cannot be deemed the Defendant.

C. As to the above judgment of the first instance court, both the Plaintiff and the Defendant appealed. In the appellate court, the Plaintiff was the actual owner of the instant real estate and the actual party to the instant sales contract, and the Defendant was a title trustee of the instant real estate, on the premise that the Plaintiff was the title trustee of the instant real estate, and the Defendant paid all the reduced sales amount, so the Defendant, the title trustee, was not obligated to transfer the ownership of the instant real estate to the Plaintiff according to C’s instructions