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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On November 16, 201, the Plaintiff sold KRW 330,150,000,000 to the Defendant prior to C, a permanent domicile in Gyeonggi-do (hereinafter “instant land”). On November 18, 201, the Defendant, after completing the registration of ownership transfer with respect to the instant land on November 18, 201, sold KRW 175,50,000,000 to the Plaintiff as a collateral against collateral against the Plaintiff’s Korea Saemaul Bank, which the Defendant decided to accept in lieu of the payment of a part of the purchase price, but did not pay the remainder of KRW 156,00,00 ( KRW 331,50,000 to KRW 156,150,000 to KRW 76,50,000) to the Plaintiff. Accordingly, the Plaintiff paid KRW 1,276,800,000 to the Plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 156 million and KRW 1,276,800,000 paid by the Defendant on the wind that does not pay the remainder of the purchase price, as well as KRW 157,276,80, and damages for delay.
B. The actual owner of the land of this case was D as the Plaintiff’s father, and D and E, the Defendant’s husband, agreed to conduct a business of newly building and selling a loan on the land of this case. Since E, a person with bad credit standing, only completed the registration of ownership transfer on the land of this case in the Defendant to obtain a loan under the Defendant’s name, E, a person with bad credit standing, was not a party to a sales contract on the land
2. Determination
A. As to who is a party to a contract where an actor, who is a principal of a contract, committed a juristic act in the name of another person, is to be deemed a party to the contract, first of all, the actor or the title holder shall be determined as the party to the contract according to the same intent if the actor and the other party agree with each other. If the intent of the actor does not coincide with each other, the other party shall be determined based on the specific circumstances before and after the conclusion of the contract