1. On January 23, 2014 to October 22, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 70 million to the Defendant (Counterclaim Plaintiff) and against this, the Plaintiff (Counterclaim Defendant) paid KRW 70 million.

1. Determination as to the main claim

A. Basic facts 1) Defendant B (a person who has engaged in real estate development business) is a clan on April 12, 2010 (hereinafter “a clan”) and a clan on April 12, 2010.

(2) On August 13, 2010, the Plaintiff purchased a total of 34,063 square meters of land from a clan (hereinafter “instant land”) from a clan on the following grounds: (a) Defendant B arbitrarily set and sold the purchase price; and (b) paid the purchase price calculated by KRW 400,000 per clan to a clan; and (c) agreed to use the remainder as land survey expenses, capital gains tax, etc.

The Plaintiff and Defendant B, as a partnership business, developed and sold the instant land as a whole housing complex, and divided the profits therefrom.

3) On August 13, 2010, the Plaintiff paid KRW 100 million to H (the president of the clan at that time) as the down payment for the said sale. 4) In addition, on August 13, 2010, the Plaintiff withdrawn from the Agricultural Cooperative Account (Account Number: I) in the name of the Plaintiff one (C) and five (K-L) of the fake Check in the name of the Plaintiff.

① The last holder of the above 15 million won check is Defendant C (Defendant B’s wife) and the last holder of the check is Defendant C (Defendant B’s wife) and the last holder of each part of the check (K) is M (person in a relationship with H and in a relationship with H), and the third one of the 10 million won check (N number) is H and 40 million won.

5) On September 16, 2010, the Plaintiff deposited KRW 40 million in the Agricultural Cooperative Account (Account Number:O) under Defendant B’s name, and KRW 50 million in total. [In the absence of any dispute over the grounds for recognition, the Plaintiff deposited KRW 50 million in [Article 1, 4, 5, 10, 11, 17 evidence, evidence No. 3, and the purport of the entire pleadings.

B. On August 2010, the Defendants, the primary arguments of the Plaintiff’s assertion, were delegated to the Plaintiff with the right to sell and purchase the instant land from the end of the year.

The neighboring village of the land of this case is high in the inner direction and has experience in developing next land.

2. The plaintiff