1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 10, 2013, the Plaintiff’s children representing the Plaintiff and the Defendant’s private money D, representing the Defendant, sold the FF volumeing to KRW 136 square meters (hereinafter “instant land”) to the Defendant at the office of a certified judicial scrivener in charge of the Plaintiff’s residence, but the contract amounting to KRW 10 million on the date of the contract and KRW 40 million on November 11, 2013 (hereinafter “instant contract”).

At the time of the preparation of the instant contract, the Plaintiff delivered documents necessary for the registration of ownership transfer to the certified judicial scrivener office, and on February 4, 2013, the registration of ownership transfer was completed on the instant land.

[Grounds for recognition] A, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, and Eul evidence Nos. 1 and the purport of the whole pleadings as well as the plaintiff's assertion by the relevant party. In concluding a sales contract according to the contract of this case, the defendant received the purchase price from the defendant, and then delivered documents necessary for the registration of transfer of ownership

However, since the ownership transfer registration was completed in the Defendant even if the purchase price was not paid, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 50 million and the delay damages.

Around October 2012, G and D, a couple of the Defendant’s death, lent KRW 49 million to H. A. However, the Plaintiff did not have a duty to pay the purchase price, on the ground that: (a) the Plaintiff entered into the instant contract with H to receive payment on the instant land, etc.; and (b) the Plaintiff did not actually enter into a sales contract.

Facts of recognition

C and H are as between the parties engaged in and known to the building industry, and H transfer the land to the payment of the debt owed to C under the transactional relationship, and H is as to the land on April 28, 2010, 5 lots of land (hereinafter “N5 lots of land”) including I, J, K, K, L, M, etc. on April 28, 201, and as to the land on the land of 5 lots of land (hereinafter “O land”) on February 3, 2012.