1. The plaintiff's claim is dismissed.

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

1. On April 9, 2009, the Plaintiff, the Plaintiff’s Plaintiff’s assertion, purchased shares of KRW 70,000,000 (253 square meters) out of KRW 13,592 square meters of E forest land, E, 13,592 square meters, in the name of the Defendant (a seller under a sales contract is a corporation D, but the actual seller was the Defendant, who was the representative of the said corporation), and paid KRW 70,00,000 from the same day to April 30, 2010.

However, there was a seizure of the National Tax Service due to tax delinquency, so it was impossible to register the transfer of normal ownership in C future.

Therefore, on May 7, 2013, the Plaintiff expressed his intent to cancel the instant sales contract to the Defendant, but the Defendant only returned KRW 32,000,000 out of the sales price to the Plaintiff, and did not refund the remainder of KRW 38,00,000.

Therefore, the defendant is obligated to pay the remaining purchase price of KRW 38,00,000 and damages for delay to the plaintiff.

2. According to the statement of Gap evidence No. 1, the party (seller) who entered into the sales contract of this case with Eul is acknowledged as Eul, and there is no evidence to prove that the actual party to the sales contract of this case was the defendant who was the representative of Eul.

Therefore, the plaintiff's assertion is without merit without further review as to the remaining part.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.