A. On August 17, 2010, the Plaintiff entered into a sales contract with the Defendant to sell 3800/407 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) under the condition that the Defendant bears capital gains tax for KRW 300 million (hereinafter “instant sales contract”). On August 18, 2010, the Plaintiff received the down payment of KRW 30 million from the Defendant and completed the registration of transfer of ownership (hereinafter “instant transfer of ownership”) in the name of the Defendant on September 14, 2010.

B. On October 1, 2010, the Defendant purchased the entire share amounting to KRW 20 million from C, which is a right holder of 207/407/407, all the remaining shares except for the Plaintiff’s share, among the instant real estate, and completed the registration of ownership transfer under the name of the Defendant as the Jeju District Court No. 6070, Oct. 5, 2010.

C. As to the instant real estate, on November 10, 201, the registration of creation of superficies was completed with respect to the instant real estate as KRW 130 million with the maximum debt amount, KRW 130 million with respect to the creditor, Seosan Agricultural Cooperatives, and the registration of creation of a mortgage near the debtor’s creation of a mortgage (hereinafter “registration of the first collateral mortgage”) and on the same day with superficies as the person holding superficies as Seosan Agricultural Cooperatives, Seosan Agricultural Cooperatives, and KRW 117,000,000 with respect to the maximum debt amount on July 11, 2011, and KRW 117,000,000 with respect to the registration of creation of a mortgage over the debtor’s neighboring land (hereinafter “registration of the second collateral mortgage”).

1. Meanwhile, on October 7, 2010, the Plaintiff cancelled the instant sales contract with the Defendant, and cancelled the registration of ownership transfer. The Defendant transferred to the Plaintiff the share in C, excluding the Plaintiff’s share, out of the instant real estate, to the Plaintiff. The Plaintiff is obliged to pay to the Defendant KRW 20 million equivalent to the price for acquiring the ownership of the down payment of KRW 30 million and C share in relation to the instant sales contract.