1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 5, 2013 to August 14, 2014.

1. Facts of recognition;

A. On September 2, 2003, Nonparty C acquired the ownership of real estate listed in the attached Table, including 1,984 square meters in Seopopo-si D orchard, Seopo-si, Seopo-si through voluntary auction.

B. On December 10, 2003, the Plaintiff purchased real estate listed in [Attachment C] Nos. 1 and 2 (hereinafter “instant real estate”) from C, and on the same day, the Defendant purchased the real estate listed in [Attachment C] Nos. 3 and 4 (hereinafter “Defendant’s real estate”).

C. After doing so, the Plaintiff intended to borrow the instant real estate as collateral in order to pay the balance of the instant real estate, but it was difficult to obtain a loan only as collateral because the officially announced value of the instant real estate was lower, and subsequently, agreed with the Defendant to obtain a loan of KRW 100 million with the entire real estate owned by the Defendant as joint collateral.

Accordingly, on December 16, 2003, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate, and on December 16, 2003, the Defendant established the right to collateral, which was the debtor, the maximum debt amount of KRW 130 million, and the National Agricultural Cooperative Federation of the mortgagee, with the real estate owned by the Defendant as joint collateral, and leased KRW 100 million to the Plaintiff with the loan of KRW 100 million. The Plaintiff paid the price of the instant real estate with the said money.

E. On December 17, 2003, the Plaintiff: (a) on the instant real estate purchased by the Plaintiff, on December 15, 2003, registered the right to claim the transfer of ownership on the ground of trade reservation; and (b) paid acquisition tax, registration tax, and registration tax of the said provisional registration related to the instant real estate.

F. The content of the purchase and sale reservation signed on December 15, 2003 between the Plaintiff and the Defendant is as follows:

(1) The sales price of the instant real estate shall be KRW 50 million.

(2) The date of completion of a pre-contract for sale and purchase shall be December 204.