A. On March 3, 200, C, around March 3, 200, donated 2/5 shares among the land and above-ground buildings (hereinafter “instant real estate”) owned by C, to the Plaintiff, who is the south-Nam, and the Defendant, Women E, and 3 South-North F, each of which consists of 1/5 shares, and C prepared a gift certificate with the content that C wishes to use and benefit from the instant real estate during his living.

B.1) After that, E purchased the above 2/5 shares donated by the Plaintiff, and the Defendant purchased all the above 3/5 shares of E including the Plaintiff’s above shares on March 8, 2002, and completed the registration of ownership transfer on the 4/5 shares (the above 3/5 shares purchased by the Defendant + the Defendant’s above 1/5 shares) out of the instant real estate under the name of the Defendant on March 7, 2002. 2) Meanwhile, on July 26, 2001, F borrowed KRW 30 million in the name of C from private agricultural cooperatives as collateral. After that, the Defendant received ownership transfer of the 4/5 shares of the instant real estate and actually charged the above loan obligations, F provided the Defendant with the shares of KRW 150 million out of the principal amount of the instant loan to the Defendant on July 1, 2003.

Accordingly, the defendant completed the registration of transfer of ownership in the name of the defendant on February 18, 2004 due to the F's donation from February 10, 2004.

C. Since then, when the Defendant leased the instant real estate and received the rent therefor, the Plaintiff, who was represented by C, agreed to the “15% of the recompense for winning the judgment,” and appointed the Busan Dong division (Attorney G in charge) as the litigation representative, and then, against the Defendant, the Defendant was entitled to use and benefit from the instant real estate from around 2001 to the lease of the instant real estate, etc. and instead did not return the rent revenue to C.