A. The Plaintiff, as a public official belonging to the Ycheon-si, was delegated by the Defendant to sell the instant forest land to the actual owner of land 20,445 square meters and two lots (hereinafter “the instant forest”) in netcheon-si, and was in charge of selling the instant forest land.

B. On April 27, 2011, the Plaintiff entered into a sales contract with D, E, and F on KRW 120 million for the purchase price of KRW 100 million for the forest land of this case. Around May 4, 2011, the Plaintiff entered into a sales contract with D, etc. on KRW 10,000 for the purchase price of KRW 80 million for the forest land of this case.

C. On May 6, 2011, the Plaintiff remitted to the Defendant KRW 5 million among the down payment received from the foregoing D, and KRW 10 million on May 19, 201, respectively, and paid KRW 6 million through G on August 10, 201.

D et al. filed a complaint against the Plaintiff, the Defendant, and H (the nominal owner of the forest of this case) for fraud, as the Plaintiff (the seller of each of the above sales contracts was registered in the name of the Plaintiff) failed to perform the procedure for ownership transfer registration. The Plaintiff agreed to return KRW 47 million to the buyer respectively, and the Defendant agreed to return KRW 30 million to the buyer. As the buyer did not receive money from the Defendant, 19,238,590 upon receipt of an order for seizure and collection of the Plaintiff’s benefit, which was a seller under a contract, was executed, and 22.5 million won was paid by the Plaintiff.

E. On October 26, 2011, the Plaintiff concluded a sales contract with I to sell part of the instant forest, and received KRW 14 million as the down payment, but did not implement the procedure for ownership transfer registration, and returned KRW 28 million including penalty, as the Plaintiff did not implement the procedure for ownership transfer registration.

【Ground for recognition】 The facts without dispute, entries in Gap evidence 1 through 12 (including the provisional number), and the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The parties’ assertion 1 did not perform the contract under the contract with Plaintiff D, etc., and accordingly, the Plaintiff returned the down payment, etc.