1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's claim

A. The Plaintiff and the Defendant’s assertion 1) The Plaintiff is the Plaintiff’s Daegu-gun C394 square meters (hereinafter “instant land allotted by the authorities in recompense for development outlay”) from the Defendant.

(2) On December 3, 2003, the Plaintiff purchased the purchase price of KRW 190 million and paid the purchase price as of December 3, 2003, and the Plaintiff was unable to transfer ownership to the land allotted by the authorities in recompense for development outlay in the instant case on the grounds that such performance is impossible, and accordingly, the Defendant asserts that the above sale contract was cancelled on the grounds of impossibility of performance, and sought the return of the purchase price to its original state. (2) Accordingly, the Defendant asserted that the above contract with the Plaintiff is a contract acceptance contract that the Plaintiff acquired from the Plaintiff as the purchaser of the land allotted by the authorities in recompense for development outlay in the instant case between the Plaintiff and the Defendant, and thus, the Defendant should have withdrawn from the buyer’s status and the Plaintiff succeeded to the buyer’s status. Therefore, the other party to the claim, such as rescission of the contract on the grounds of nonperformance and

B. According to the statements in Gap evidence 1, Gap evidence 1, Eul evidence 2-1, 2, 3, and Eul evidence 1, around 1998, the defendant entered into a sales contract with the plaintiff on October 15, 2000 won for the purchase price of the development recompense land of this case between the non-party company and the non-party company that received the development recompense land of this case as payment in kind from the D Land Partition Association around 1998, and the price for the development recompense land of this case shall be KRW 15 million, and the non-party company shall pay KRW 110 million out of this contract to the non-party company. The defendant entered into a sales contract with the plaintiff on October 15, 2003 to pay the balance of the purchase price for the development recompense land of this case to the non-party company by acquiring the remaining debt of the purchase and sale under the above sales contract against the non-party company, and the defendant shall pay KRW 5 million to the non-party company.