1. The plaintiff's claim is dismissed.

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

1. On November 27, 2001, the Defendant agreed to purchase the commercial site sold by the Korea Land Corporation in its name to the Plaintiff under the name of the Defendant (hereinafter “instant agreement”). On the same day, the Plaintiff deposited KRW 23 million in the account of the Korea Land Corporation in the name of the Defendant. However, the Defendant did not have any dispute over the Plaintiff’s purchase of the commercial site until now, or the fact that the Plaintiff did not have any dispute over the purchase of the commercial site, and the fact inquiry about the Korea Land and Housing Corporation and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant had been detained after the agreement of this case and lived in prison. The Plaintiff, upon the Defendant’s release from prison, notified the Defendant to perform the agreement of this case several times, but the Defendant did not perform the agreement of this case at the end of 2005, and even if the Plaintiff did not cancel the agreement at that time, the agreement of this case was rescinded by delivery of a copy of the complaint or briefs in the lawsuit of this case.

Therefore, the Defendant is obligated to return to the Plaintiff KRW 25 million as the restitution following the rescission of the instant agreement.

B. The exclusion period of the Defendant’s exercise of the right to rescission was imposed, and the extinctive prescription of the right to claim restitution was completed.

C. If the right of rescission due to default is not exercised for ten years from the time of occurrence of the right of rescission, the expiration of the limitation period will be extinguished.

However, the Defendant agreed to purchase the commercial site to be sold by the Korea Land Corporation in its name to the Plaintiff under the Defendant’s name; the Plaintiff’s deposit of KRW 23 million to the Korea Land Corporation account before and after October 22, 2001 to March 21, 2002, purchased seven commercial land and two housing sites from the Korea Land Corporation in its name; and the Defendant deposited the said KRW 23 million to the Plaintiff on December 3, 2001.