1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Summary of the plaintiff's assertion

A. On December 9, 2016, C entered into a sales contract with the Defendant for the 50 square meters (hereinafter “the first sales contract”). On January 17, 2017, 2017, E and 7 entered into a sales contract for the remainder of the instant land (hereinafter “the second sales contract”) with the Defendant, and C and E and 7 other (hereinafter “Buyers”) deposit each down payment to the Defendant.

B. From the beginning, the Defendant sold the instant land by deceiving the buyer as one’s own ownership even though he was not the owner of the instant land. As such, the first and second sales contracts were invalid at a source or revoked by Article 110(1) of the Civil Act.

Even though it is not so, the defendant failed to perform the obligation to transfer the ownership of the land of this case to the purchaser, and each of the above sales contracts was cancelled by the forfeited clause or by the purchaser's declaration of intent to cancel.

C. The Plaintiff, as an employee of the Defendant Company, was engaged in regular business and arranged for the secondary sales contract to the buyer, and the buyer demanded the Plaintiff to return the total sum of KRW 58,686,850 paid to the Defendant against the Plaintiff who arranged the sales contract, and the Plaintiff paid it. As such, the Plaintiff demanded the Defendant to return the down payment paid to the Defendant on behalf of the Defendant, as a claim for reimbursement of administrative expenses under Article 739 of the Civil Act.

In addition, as the purchaser C of the first sales contract and the purchaser of the second sales contract, F and G transfer the claim for the refund of the purchase price following the cancellation of the first and second sales contract to the Plaintiff, and notified the Defendant of the assignment of the claim, the Defendant is obligated to pay the Plaintiff the claim for the refund of the purchase price

2. Determination

(a)the right which has become the object of a single trade as to whether the first and the second sales contract has been null and void or cancelled belongs to another person;