1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On August 11, 2005, the Plaintiff purchased the forest of this case from E and the Defendant C (hereinafter “seller”) as co-owner on the registry of D Forest land 72,086 square meters (hereinafter “the instant forest”) and paid the down payment of KRW 270 million on the date of the contract, while the intermediate payment of KRW 100 million on August 26, 2005, respectively, to pay the remainder 90 million on September 11, 2005, and the said sales contract shall be paid by the seller at the end of the contract, and the down payment of KRW 90 million on September 11, 2005. In the event of the seller’s breach of contract, the Plaintiff, the buyer, concluded a contract to waive the down payment (hereinafter “the instant sales contract”), and paid the down payment and the intermediate payment on the agreed date.

B. Since then, there was a dispute between the Plaintiff and the seller as to whether the instant forest land exists, and the seller, on October 20, 2006, notified the Plaintiff of the number and location of the grave found by the Plaintiff by October 27, 2006, and if the seller notified the Plaintiff of the number and location of the grave by October 27, 2006, the seller demanded the seller to pay the remaining price for the purchase and sale of the stone by November 3, 2006, and the seller is entrusted with documents necessary for the transfer of ownership to a F certified judicial scrivener, and if the Plaintiff violated the above contents, the seller notified the Plaintiff of the fact that the intermediate payment was deposited in the court with the knowledge of the termination of the sales contract.

F Certified judicial scrivener received documents necessary for the transfer of ownership of the forest of this case from the seller, and kept the forest of this case from October 26, 2006 to November 9, 2006.

C. As the seller was not paid the remainder of the purchase and sale from the Plaintiff, as of November 8, 2006, the deposited person was the Plaintiff as Chuncheon District Court No. 1367 of 2006, which deposited the intermediate payment in return for the refund of the intermediate payment following the cancellation of the sales contract for the cause of the Plaintiff’s delay of the remainder, and the deposit amount of KRW 100 million was paid to the Plaintiff on November 13, 2006.

Since then, on November 14, 2006, the seller sells the forest land of this case to G in KRW 200 million, and the next day.