1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought implementation of the procedure for the registration of ownership transfer of the instant land, and subsequently claimed unjust enrichment amounting to KRW 100 million and damages for delay.

The court of first instance dismissed both the primary claim and the conjunctive claim, and the plaintiff appealed only for the conjunctive claim.

Therefore, this Court's judgment is limited to the claim for restitution of unjust enrichment by the conjunctive claimant.

2. As to the conjunctive claim

A. The reasoning for the court’s explanation in this part is that the “1. Basic Facts” part of the reasoning for the judgment of the court of first instance is the same, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The Plaintiff’s assertion and the Defendant concluded a sales contract for the instant land. Even if the Plaintiff is not a party to the instant land sales contract, E and the Defendant concluded a sales contract for the instant land with the intent of the Plaintiff, a third party, to directly acquire the right to claim ownership transfer registration, and the Plaintiff expressed its intent to make profits to the Defendant by delivering a duplicate of the instant complaint.

Therefore, the Plaintiff acquired the right to claim the ownership transfer registration of the instant land against the Defendant.

However, the plaintiff did not acquire the right to claim ownership transfer registration against the defendant for the land of this case.

If the Plaintiff’s right to claim for the transfer registration of ownership expired due to the expiration of the extinctive period, the Defendant shall return to the Plaintiff the down payment of KRW 100 million and interest thereon, which the Defendant received in connection with the instant land

(In favor of the Plaintiff’s assertion as above).

Judgment

1) The reasoning of the judgment of the court of first instance is as to whether the plaintiff's right to claim for ownership transfer registration against the land of this case is acquired.

1) As set out in paragraphs 1 and 2, the instant land sales contract is concluded.