1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. From August 2014 to B, the Plaintiff came to fall from around January 2015.

B. On November 5, 2014, B entered into a sales contract with the Defendant, with respect to the seller, the Plaintiff, the purchaser, the Plaintiff, the Plaintiff, the purchase price of KRW 115,182,00, the down payment of KRW 11,518,200, and the down payment of KRW 11,518,200 (hereinafter “instant sales contract”), and the original copy of the instant sales contract was kept in the Plaintiff.

C. On November 5, 2014, the Defendant received KRW 11,518,200 from B the down payment of the instant sales contract.

The defendant asserts that the sales contract of this case was rescinded by the buyer's default.

E. Meanwhile, on June 3, 2015, Plaintiff D completed the registration of ownership transfer on the instant real estate on May 29, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 8 and 10 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant sales contract for a third party is a contract for a third party whose beneficiary is a summary, B, the defendant, and the plaintiff.

In other words, B had a claim for the construction cost against the Defendant with respect to the new construction of the officetel located in the Dong-gu Busan Metropolitan City, and the Defendant decided to pay the instant real estate in lieu of the obligation for the construction cost, and the instant sales contract was concluded on the ground that B promised to marry the instant real estate to the Plaintiff.

The buyer of the instant sales contract may be deemed to have expressed his/her intent to make a profit to the Defendant by entering into the name of the Plaintiff.

B. The Plaintiff is deemed to be a party to the instant sales contract between B and the Defendant, claiming the parties to the instant sales contract, and thus, the Plaintiff is deemed to be a party to the instant sales contract.