1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. On March 6, 2013, the Plaintiff’s assertion entered into a sales contract with the Defendant to purchase KRW 675 square meters of forest C, Cheongnam-gun, Busan-gun (hereinafter “instant land”) for KRW 8 million, and paid KRW 8 million to the Defendant on the same day.

However, the Defendant did not complete the registration of ownership transfer for the instant land to the Plaintiff, and completed the registration of ownership transfer in the name of D and E, a third party, and the sales contract between the Plaintiff and the Defendant became impossible to perform.

Therefore, the plaintiff notified the cancellation of the above sales contract by serving the copy of the complaint of this case on the ground of the impossibility of performing the above sales contract. Thus, the defendant is obligated to pay the plaintiff the amount of eight million won already paid by the plaintiff to the defendant as the restoration due to the cancellation of the above sales contract.

B. The Defendant’s purchase and sale contract for the instant land is not concluded between the Plaintiff and the Defendant, but for the building owner who constructed G apartment complex 1 complex on the F ground of the Ha, D, I, E, J.

K. hereinafter referred to as "one complex owner".

(1) the owner of a building in G apartment complex and L (Defendant, M, N, D,O);

P. The owner of the two complex project (hereinafter referred to as “the owner of the two complex project”).

As a result, the part of the building owner's building in one complex is partly infringed on the LA land owned by the two complex owner, the owner of one complex owner decided to purchase the part of the land in question from the owner of the two complex owner, and the plaintiff was paid the purchase price from the owner of the one complex owner, who was the buyer, and was only remitted the above eight million won amount to the defendant, the representative of the seller, on behalf of the buyer.

The owner of the second complex building, who is the seller, completed the registration of ownership transfer for some portion of the land in this case to the owner of the first complex building who is the buyer, and the sales contract is being performed for the remaining portion.