1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a company that constructed and sold E buildings on the ground of Kimpo-si C and D land.

B. On June 16, 2017 with respect to E-building F (hereinafter “instant real estate”), a sales contract was prepared with the seller as the Defendant and the purchaser as the Plaintiff.

(hereinafter referred to as “instant sales contract”) C.

On June 16, 2017, the sales contract amounting to KRW 73,740,000 was deposited in the name of G in accordance with the instant sales contract.

The Defendant sold the instant real estate to H and I, and on May 29, 2018, the ownership transfer registration under H was completed with respect to the said real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Eul evidence 1-4, the purport of whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion is a legitimate buyer of the sales contract of this case. Since the defendant transferred ownership of the real estate of this case to H, it is obligated to return the above sales contract amount to the plaintiff KRW 73,740,000.

B. The Defendant’s assertion that the instant sales contract was concluded by the Defendant as a means to get loans from financial institutions, and the actual Plaintiff does not constitute the party to the said sales contract.

J temporarily leased the Plaintiff’s name and concluded the instant sales contract, and directly paid the down payment, and agreed to recover the amount equivalent to the down payment when the instant real estate is sold to a third party.

Therefore, the Plaintiff cannot exercise the right to claim the refund of the down payment under the instant sales contract.

Moreover, K Co., Ltd. with the plaintiff's representative and the plaintiff's spouse as the representative director on the registry has filed a separate lawsuit against the defendant by asserting that J acquired the right to claim the return of the sale price for the real estate in this case. The plaintiff is inconsistent with this.