A. On May 16, 201, Nonparty D purchased 250,000,000 won (F 130,000,000 G 120,000,000 won) in total from Nonparty D, through the brokerage of Defendant B, for a total of 624 square meters of forest land and G 1,440 square meters of forest land in Gyeyang-gun, Gyeyang-do, Gyeonggi-do (hereinafter “instant sales contract”); and the Plaintiff, a certified judicial scrivener, as the seller, was to receive the said purchase price on behalf of the seller, and to process the registration of ownership transfer.

B. The aforementioned D gave the Plaintiff KRW 80,000,000 in total as the down payment (i.e., KRW 25,000,000 on May 16, 2011 by account transfer on May 16, 2011, KRW 30,000 on account transfer of KRW 30,000,000 on May 17, 2011.

C. On July 7, 2011, the Plaintiff received KRW 50,000,00 from D by account transfer, and on the same day, transferred the said money to the account in the name of Defendant C at Defendant B’s request. Defendant C paid the said money to the said E ten times from July 7, 201 to July 14, 201.

D received the registration of ownership transfer from E on October 12, 201, with respect to the Franchi-gun of Yangyang-gun of Gyeonggi-do. On October 2008, 2008, the Plaintiff discovered that the registration of collateral security and the creation of superficies was completed with respect to the said forest, and Non-party 2, whose maximum amount of debt is KRW 56,000,000, with respect to the said forest and land, and demanded the Plaintiff to cancel the registration.

E. On August 1, 2012, the Plaintiff and Defendant B drafted and delivered to D, on October 2, 2012, a letter stating that they will assume all civil and criminal responsibilities if the registration of establishment of the right to collateral security and superficies cannot be cancelled by October 2, 2012 (hereinafter “each letter of this case”).

F. On October 2, 2012, the Plaintiff and Defendant B failed to cancel the registration of creation of the aforementioned right to collateral security and superficies, and D filed a lawsuit against the Plaintiff for damages on October 29, 2012, and on January 24, 2013, D, who was rendered a decision to voluntarily commence the auction of the said forest, around 388 million won, including the principal and interest of the loan and the expenses incurred in executing the said forest.