2. The plaintiff's claim (including the part extended from the trial) is dismissed.

3...

A. On August 10, 2009, the Plaintiff asserted that the Plaintiff purchased 300,000,000 land (hereinafter “instant land”) equivalent to 8,828 square meters (including 1,089 square meters of road shares in different Dos, including 1,089 square meters), among the 65,950 square meters of Gyeonggi-gun C Forest, Gyeonggi-do. The Plaintiff paid 3,828 square meters of land (hereinafter “instant land”) from the Defendant on August 10, 209, KRW 300,000,000 after completion of the subdivision registration, and the transfer registration is completed on August 10, 2009, KRW 20,000 of the down payment on August 15, 2009, and KRW 30,000,000 of the intermediate payment, each of the 15,000,000 won on August 14, 2009.

However, even after the Defendant received part of the purchase price as above, the Defendant did not fully perform the preparation for completing the registration of ownership transfer to the Plaintiff, such as the subdivision of the above forest, and on December 31, 2010, the entire Defendant’s share out of the above forest was sold to D in the auction procedure following the application by the mortgagee of the right to collateral security, which was established on the share of the Defendant among the above forest land, and the ownership transfer registration was completed in D.

Therefore, since the Defendant’s obligation to transfer the ownership of the instant land against the Plaintiff was impossible, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 50,000,000 paid by the Plaintiff, the damages for nonperformance, and the damages for delay.

B. The name of the Plaintiff is indicated in the sales contract on the instant land asserted by the Defendant, and the down payment was paid through the Plaintiff’s account, but the actual party to the sales contract on the instant land is not the Plaintiff, and thus, the Defendant is not obligated to perform the contract in accordance with the sales contract.

In addition, E merely paid the Plaintiff the down payment of KRW 20,000,000, and the intermediate payment of KRW 80,000,000, which is the due date, was not paid by September 12, 2009. Thus, the sales contract for the instant land was already rescinded by the Plaintiff or E’s book.