A. On August 21, 2009, the Plaintiff entered into a sales contract with C and the Plaintiff to purchase KRW 74,049,000 of forest land D 4,367 square meters from Gyeonggi-gun Co., Ltd. (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Defendant agreed to deposit the sales amount into the Defendant’s account while performing the business of managing and registering funds.

C. Since then, the Plaintiff came to know that the land stipulated in the instant sales contract is different from that confirmed by himself, C transferred without compensation to E Co., Ltd. or its designated person, and instead changed the subject matter of sale to land F with the wife population F in Young-si owned by E Co., Ltd. (hereinafter “instant F”) and the Plaintiff paid 78,063,240 won of gains from the change of land, which is the subject matter of sale, to E Co., Ltd.

On April 24, 2010, the Defendant issued to the Plaintiff a registration certificate to the effect that the Plaintiff is responsible and managed for the sales price deposited in the Defendant’s account until the completion of the registration of ownership transfer with respect to the registration of ownership transfer of the instant F land. On May 11, 2010, the Plaintiff deposited KRW 33.9 million to the Defendant.

E. However, the above E Co., Ltd. did not register the transfer of ownership with respect to the instant F land to the Plaintiff, and the disposal population F, which was scheduled to move at the time of the transfer, did not exist as of the date of closing argument of this case, and the Plaintiff rescinded the sales contract for the instant F land.

Although a sales contract for the instant land was rescinded and the Plaintiff requested the Defendant to refund KRW 33.9 million, the Defendant did not refund KRW 33.9 million paid by the Plaintiff to the Defendant’s account as of the date of closing argument of the instant case.

Grounds for recognition: dispute.