1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 61,100,000 on October 27, 2018 to the Plaintiff.

1. Basic facts

A. C, in purchasing shares of 2/9 (hereinafter “instant real estate”) from the Defendant among the real estate listed in the separate sheet, based on the following circumstances: (a) between D and D on behalf of the Defendant, he/she is his/her old age and suffering from brain cerebral cerebral dys, etc., he/she decided the purchaser’s name under the sales contract to be the Plaintiff’s name, who is his/her father.

B. On April 30, 2015, C entered into a sales contract with the Defendant’s agent with the Plaintiff regarding the instant real estate as the buyer, the seller, and the sales price of KRW 111,100,000 (hereinafter “instant sales contract”).

C. C paid KRW 61,100,000 as part of the purchase price to D, the Defendant’s agent.

【Fact-finding without any dispute over the ground for recognition】: Gap evidence 1-3, Gap evidence 2-1, Eul evidence 12, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties' assertion 1) The plaintiff primarily intended to pay to the defendant the balance of KRW 50,000,000 for the purchase price of this case. However, since D's refusal to receive the purchase price of this case or the defendant did not notify the plaintiff of the account number, the defendant asserts that the plaintiff is liable to implement the procedure for the registration of ownership transfer according to the contract of this case concerning the real estate of this case. In addition, the contract of this case for family affairs is the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name

(2) In light of the legal principles as seen earlier, the Defendant is obligated to pay the Plaintiff the amount of KRW 61,100,000 that the Plaintiff received as part of the above sales price and the delay damages therefrom. (2) As to the Defendant, the instant sales contract made in the name of the Plaintiff is null and void in violation of the Real Estate Real Name Act, and thus, the Plaintiff may exercise the right to claim for the transfer of shares on the premise that