1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. On November 24, 2004, the Plaintiff’s father D (Before the name of the Plaintiff’s agent) purchased from the Defendant’s father F, the Defendant’s agent, the Plaintiff’s father F, the amount of KRW 3042m2 and H 246m2 (hereinafter “instant land”) for KRW 120,000,000 from the Plaintiff’s father F.

(hereinafter “instant trade”). (b)

On April 21, 2006, the defendant completed the registration of ownership transfer to I on the ground of sale.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion that the Defendant sold the instant land to the Plaintiff, but completed the registration of ownership transfer to I, thereby making it impossible to perform the Plaintiff’s obligation to register ownership transfer.

Accordingly, the plaintiff notified the defendant that the contract of this case was terminated on April 21, 2006, so the above contract was rescinded.

Therefore, the defendant is obligated to return 120,000,000 won to the plaintiff with restitution.

B. The Defendant’s assertion agreed to sell the instant land to J after the instant sales contract and to omit the registration of ownership transfer under the name of the Plaintiff between the Defendant and the Defendant.

Accordingly, by completing the registration of ownership transfer under the name of J J's title trustee I, the defendant's obligation to transfer ownership to the plaintiff according to the contract of this case was extinguished.

3. Determination

A. The Plaintiff filed a lawsuit against the Defendant on behalf of the J in subrogation of K and L, the obligee of the agreed amount to the J, seeking to implement the procedure for the transfer of ownership of the instant land.

In this case, the "J" purchased the instant land from the Plaintiff on January 26, 2005, and agreed with the Plaintiff and the Defendant to omit the registration of transfer of ownership in the name of the Plaintiff, and each contract between the Defendant and the J still exists.