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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The following facts may be acknowledged in full view of Gap evidence of 1 to 4, Eul evidence of 1, Eul evidence of 6 to 8, Gap witness C, Eul's testimony and the purport of the whole pleadings:
(1) On October 14, 1997, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 650 million in the purchase price, and KRW 65 million in the purchase price. The Plaintiff shall pay KRW 30 million in the purchase price, and the intermediate payment of KRW 30 million in the purchase price shall be paid by December 5, 1997, and the remainder amount of KRW 285 million shall be paid by December 10, 1998 (hereinafter “instant sales contract”).
(2) The plaintiff is not a purchaser of the sales contract of this case. (365 million won of the direct purchase price is paid to the defendant, and the defendant sent a peremptory notice to urge the plaintiff to pay any balance over three times on December 22, 1998, 1999, and June 16, 2000, among which the peremptory notice of December 22, 1998 is stated as the plaintiff as the actual purchaser, it is reasonable to see that the purchaser of the sales contract of this case is the plaintiff). (2) The plaintiff paid 65 million won of the down payment of the above purchase price to the defendant on December 5, 1997.
On the other hand, the instant real estate was transferred to I on January 11, 2001 through a voluntary auction applied by the National Agricultural Cooperative, the mortgagee of the right to collateral security (hereinafter “UFF”), and the Plaintiff cancelled the instant sales contract and claimed the refund of the purchase price already paid to the Defendant on several occasions for nonperformance of the duty to transfer ownership registration.
B. According to the above facts, the Defendant’s restitution following the cancellation of the instant sales contract to the Plaintiff, thereby KRW 365 million paid by the Plaintiff = 65 million = KRW 65 million.