1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On September 30, 2015, the Plaintiff’s assertion made a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to sell KRW 48,000,000 for G forest land amounting to KRW 120 square meters (396 square meters), and paid KRW 48,00,000 to the Defendant Company.

However, since the subject matter of sale is not specified, such as the parcel number of the land which is the object of the above sales contract is not specified, and the final sales contract was concluded after the future land. Since the land known by the Defendants was designated as another person and it was impossible to divide it into a development-restricted zone, the above sales contract was not concluded.

Even if the above sales contract was concluded, the Defendants did not have the intent or ability to transfer the land ownership title, and the land was designated as a development restriction zone and it was impossible to divide it, but the sales contract was concluded by the Defendants’ fraud, so the Plaintiff was revoked on the ground of fraud.

In addition, the above sales contract is null and void because the lot number of the subject land is not specified.

Therefore, Defendant Company is liable to restore to its original state, and the remaining Defendants are liable to pay to each Plaintiff KRW 48,00,000,000 for the already paid amount, based on tort liability.

2. Determination

A. The sales contract becomes effective when one of the parties agrees to transfer the property right to the other party, and the other party agrees to pay the price. Thus, the sales contract is established by an agreement between the two parties on the transfer of the property right by the seller and the payment of the price in consideration by the buyer. In such a case, the subject matter and the price of the sale must be specified at the time of conclusion of the contract.