1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 24, 2013, the Plaintiff agreed to pay KRW 18,00,000 for the first intermediate payment of KRW 80,000 on the date of the contract, and KRW 61,00,000 for the second intermediate payment of KRW 61,00,000 for the second intermediate payment of KRW 61,00,00 for the remainder payment of KRW 36,00,000 on April 30, 2014, respectively, when the Plaintiff purchased the instant land from the Defendant at KRW 185,00 for the purchase price of KRW 632,00,00,00 in total, which was located in the Gyeonggi-gu Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do (hereinafter “instant land”).

(hereinafter “instant sales contract”).

B. On August 28, 2013, the Plaintiff paid the Defendant a sum of KRW 30,000,000 among the first intermediate payment and KRW 12,000,000,000.

C. On December 17, 2013, the Defendant completed the registration of ownership transfer for the instant land to D on September 30, 2013, and D completed the registration of ownership transfer for the reason of sale on October 6, 2014 to E on October 6, 2014. After that, the instant land was divided into the Gyeonggi-do Yang-gun C, the forest land of 420 square meters and the F forest land of 212 square meters, and the registration of ownership transfer for C was completed on March 17, 2015 to G on March 13, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 3-1, 2, 1-2, and 1, and the purport of the whole pleadings

2. The parties' assertion

A. After the conclusion of the instant sales contract, the Defendant concluded a double sale of the instant land to D on September 30, 2013 without the contract termination or the Plaintiff’s consent, and completed the registration of ownership transfer with respect to the instant land. Since the instant sales contract was subsequently resold and the instant land was impossible to be performed, the Defendant is obligated to pay the Plaintiff damages for the damages incurred from double sale of the said land amounting to KRW 18,000,000, KRW 12,000 paid as the first intermediate payment, and KRW 18,000,000, KRW 18,000,000, and damages for delay.

B. The Defendant did not sell the instant land double, but agreed with the Plaintiff and D to succeed to the buyer’s status of the instant sales contract.