1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendant purchased the instant land and its ground buildings from D around 1991 at KRW 3.8 million.

B. However, the instant land continues to be owned by the Plaintiff since the registration of ownership transfer was completed under the Plaintiff’s name on July 8, 1981, and the Plaintiff and the Defendant reported the transaction value as one million won and completed the registration of ownership transfer stated in the purport of the Defendant’s claim on March 24, 2010.

[Ground of Recognition] Unsatisfy, Gap 1 and 2 evidence, witness D's testimony

2. The assertion and judgment

A. On March 24, 2010, the Plaintiff asserted that the Plaintiff sold the instant land to the Defendant and completed the registration of ownership transfer in the name of the Defendant following the date, the Defendant did not pay the purchase price to the Plaintiff.

Therefore, around the other hand, the Defendant’s cancellation of the above sales contract on March 24, 2010 (hereinafter “instant sales contract”) on the ground of the Defendant’s nonperformance of the obligation to pay the purchase price, and the Defendant’s cancellation of ownership transfer registration stated in the Defendant’s name as to the instant land as restitution following the cancellation of the sales contract.

Preliminaryly, on the premise of the existence of the above sales contract, seek the payment of the purchase price and damages for delay.

B. First of all, we examine the existence of the instant sales contract, which serves as the premise for the Plaintiff’s respective arguments.

The Plaintiff asserted that the sales contract was concluded between the Defendant and the Defendant by setting the sales price of KRW 3 million, but it is not sufficient to acknowledge only the statement in Gap evidence 1 through 4, and there is no other evidence to acknowledge it.

Rather, the following circumstances, which are acknowledged to include the statement No. 1 and the witness D’s testimony in addition to the overall purport of the pleadings, namely, ① a real estate sales contract stating the sales amount of KRW 3 million, which was not prepared from the beginning, and ② at the time of registration of transfer of ownership as stated in the purport of the claim.