1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

1. Summary of the parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is the Plaintiff’s land C (hereinafter “instant land”) from the Plaintiff.

(D) The transfer proceeds of collateral security and secured claim under D’s name (hereinafter “the transfer proceeds of this case”) 200 million won

(2) On November 4, 2010, the Defendant was obligated to pay the Plaintiff the unpaid transfer price of KRW 80 million and its delay damages. Therefore, on November 4, 2010, the Defendant deposited KRW 90 million with E’s account, which is part of the transfer price, with KRW 80 million and KRW 10 million in total.

Therefore, the defendant paid the total amount of the transfer price to the plaintiff.

B. 1) The Plaintiff’s claim for the return of the purchase price due to the cancellation of the Defendant’s claim for the cancellation of the purchase and sale contract (hereinafter “instant F land”) shall be the Defendant of the FY-si, Kimhae-si.

Although selling the purchase price of KRW 23 million to G, it became impossible to implement the instant sales contract by selling it to G around August 29, 2018, and cancellation of the instant sales contract on the grounds of nonperformance. Accordingly, the Plaintiff is obligated to return the purchase price of KRW 23 million to the Defendant due to restitution.

The Defendant directly paid the bid bond at the auction procedure on the instant land C.

However, the plaintiff, who is unaware of the defendant, did not return the amount of KRW 10,716,530, which is paid to the defendant in the above auction procedure by using the defendant's resident registration certificate and seal, to the defendant, but did not return it to the defendant. As such, the above court refund is an effect of the agency act or tort,