A. On November 27, 2005, Defendant B entered into a sales contract with Defendant C and one other, Defendant C, and one other, to sell the 1.82 million won of the price of the instant land at KRW 182 million (hereinafter “the instant land”).

B. On November 28, 2005, a sales contract with respect to the instant land was concluded as follows (hereinafter “instant secondary sales contract”).

D at the time of the contract, the payment of the down payment of KRW 216,00,000,000 for the purchase price of KRW 4,80,000 for the size of forest land of land category D at the seat of the Si-si.

The remaining amount of KRW 00 million shall be paid on December 23, 2005.

The seller’s agent C and E’s agent B of the seller under the special terms and conditions of the real estate sales contract: Account Number I

C. On November 28, 2005, the Plaintiff remitted KRW 60 million to the account in the name of F entered in the said secondary sales contract. D.

On the other hand, Defendant B sold the instant land to G on May 21, 2008 at KRW 120 million, and on June 4, 2008, Defendant B completed the registration of ownership transfer on the instant land in the future.

[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1-1 and 1-2, Eul's order to submit financial transaction information to Hbank by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) On November 28, 2005, the Plaintiff entered into the instant secondary sales contract with Defendant C and E with respect to the instant land on behalf of Defendant B. Since Defendant B was unable to perform the obligation to transfer ownership registration under the instant secondary sales contract by selling the instant land to Defendant B, Defendant B’s primary claim against Defendant B was cancelled and returned KRW 60 million for the down payment already paid to its original state. 2) Preliminary claim, even if the instant secondary sales contract was concluded, the Defendant at the time of the conclusion of the instant secondary sales contract.