1. The Defendant is based on sale on October 27, 2016, with respect to one-third share out of 257 square meters in Gyeyang-si, Yangsan-si.

1. Basic facts

A. On October 27, 2016, the Plaintiff agreed to purchase from the Defendant for KRW 257 square meters in Yangsan-si E, Yangsan-si, the Plaintiff purchased KRW 357 square meters in KRW 20 million and agreed to acquire ownership of KRW 1/3 of D 257 square meters in relation to the share of KRW 257 square meters (hereinafter “instant land”).

(hereinafter “instant sales contract”). B.

On October 31, 2016, the remaining payment date under the instant sales contract, the Plaintiff paid the Defendant the remainder of KRW 15 million. On November 4, 2016, the Plaintiff completed the registration of ownership transfer for E land at Yangsan-si.

C. Meanwhile, the Plaintiff purchased shares of the instant land to utilize the said E land as an access road due to the franchising, and the Plaintiff installed the access road to the instant land around February 25, 2018 after the purchase of the said land. However, the Defendant damaged the access road and planted trees around April 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff paid the purchase price of the land to the Defendant, and installed access roads to the instant land. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer for 1/3 share of the instant land according to the sales contract to the Plaintiff.

(2) The actual purchaser of the land in this case is the father B, and the access road has not yet been completed, and under relevant statutes, the access road cannot be installed on the land in this case. Thus, the Plaintiff’s claim against the Defendant cannot be complied with, and the sales contract in this case is null and void.

B. In light of the following, it is reasonable to view that the purchaser of the instant sales contract is the Plaintiff in light of the following: (a) the Plaintiff’s seal is affixed to the purchaser column under the instant sales contract (Evidence A2); and (b) the Plaintiff’s age (194 students); and (c) the extent of the sales price of the instant sales contract; and (b) the evidence submitted by the Defendant alone is sufficient to deem that the purchaser is the Plaintiff.