1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 7, 2015, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant in the purchase price of KRW 87 million (hereinafter “instant sales contract”) and received KRW 10 million from the Defendant on the same day.

B. On March 10, 2013, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedure for the registration of ownership transfer on the instant real estate due to “the prescriptive acquisition on March 10, 2013,” and received a favorable judgment on December 7, 2015, and completed the registration of ownership transfer on October 24, 2016, for which the said judgment became final and conclusive.

【Ground for Recognition: Facts without dispute, Gap 1, 4 (including virtual numbers), Eul 1, and the purport of the whole pleadings】

2. Unless there are special circumstances to determine the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 42 million after deducting the amount of KRW 45 million paid by the Plaintiff from the purchase price of KRW 87 million under the instant sales contract.

3. Judgment on the defendant's defense

A. The Defendant asserts that the Defendant paid the Plaintiff the total purchase price of KRW 87 million to C, who directly or on behalf of the Plaintiff, in full.

B. Fact-finding 1) C played the role of preparing a sales contract at the time of entering into the instant sales contract. After doing so, C performed the affairs relating to the instant sales contract upon request from the Plaintiff. On August 11, 2015, the Plaintiff designated the Plaintiff as his/her agent C to prepare, submit, and receive documents regarding the instant real estate sales contract, loan business, government office business, etc., and delegate the act of receiving the sales price, etc.

2) The Defendant paid C a total of KRW 10 million on June 16, 2015 and KRW 10 million on June 16, 2015.

3. On August 21, 2015, the Plaintiff, as the debtor, extended a loan of KRW 30 million from the Dongcheon Agricultural Cooperative.