A. On May 2007, the Plaintiff and the Defendant agreed that approximately 80 weeks of pine trees (hereinafter “the instant pine trees”) are planted in the river site near Sejong-gun of Gangseo-gun, and that one half of the sales proceeds of the instant pine trees, except all expenses, should be divided.

(hereinafter “instant agreement”). (b)

On October 25, 2016, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor for the following criminal facts in the embezzlement case of Youngcheon District Court Youngcheon Branch Branch 2016Kadan236, which became final and conclusive around that time.

(hereinafter referred to as “related criminal case”. A victim A (the plaintiff of this case; hereinafter the same shall apply) and the defendant (the plaintiff of this case; hereinafter the same shall apply), around May 2007, share of approximately 80 pine trees in the river site near the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, respectively, agreed to sell the pine trees, and that one half of the remainder of the money excluding all expenses out of the total expenses should be divided.

On April 2014, the Defendant decided to sell KRW 37 out of 37 percent of the pine trees to D, and decided to receive the above amount from the Defendant’s account.

Around April 3, 2014 and around April 4, 2014, the Defendant received KRW 55,500,000 from D from D to the Defendant’s new bank account, and used approximately KRW 13,339,150,000, which is a part of the remainder, excluding all kinds of expenses, from which the victim should receive.

Accordingly, the defendant embezzled the victim's property.

[Ground of recognition] Facts without dispute, Gap evidence No. 5 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Determination as to a claim for proceeds related to trees sold to D (in relation to paragraphs (1) and (2)) by the Defendant, around April 3, 2014 and around April 4, 201, sold 37 out of the instant pine trees to D and KRW 55,500,000 as the price therefor.