1. The part against the defendant in the judgment of the first instance against the defendant is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

1. Basic facts

A. From around 1998, Defendant B has borrowed and received interest equivalent to KRW 380,000 to D several times, and D has again borrowed and received interest.

B. On August 4, 1999, Defendant B filed a provisional registration of the right to claim the transfer of ownership on the ground of a pre-sale agreement on August 3, 1999, with respect to the 1/2 share of 174,248 square meters of forest FY-gu, Sinsan-si, Sinsan-si (hereinafter “instant share”).

C. When Defendant C filed a lawsuit against Defendant C with the Dong Branch of Seoul District Court 2003Gahap4349, Defendant C claimed that “D transferred the above loan credit (150 million won, monthly interest 3.9 million won) to Defendant B on September 12, 2001. Defendant B received the above loan credit from Defendant C on May 7, 2003, among the above loan credit against E acquired from D, from August 4, 1999 to May 4, 2003, Defendant C transferred KRW 175,500,000 (3.9 million x 45 months) (3.9 million x 45 months) to Defendant C on the ground that the notice of credit transfer was completed as a duplicate of the above complaint.” Defendant C received the judgment of Defendant C on September 4, 2003, which became final and conclusive on September 4, 2003.

(hereinafter “instant judgment claim”) D.

On October 24, 2003, the Plaintiff drafted a written contract with the Defendants respectively as follows:

(1) The location of the transfer and acquisition of the right to provisional registration under the contract between the Plaintiff and Defendant B (Evidence A2): The purchase price under Article 1 (Sale Price and Time): 180 million won for the transfer of the right to provisional registration of forest land 174,248 square meters at Ansan-si, Gyeonggi-do: the down payment shall be paid at the time of the contract and the balance of the receipt shall be paid on November 25, 2003.

(A) In the event that the buyer under Article 6 (Cancellation of Contract) does not have an intermediate payment (if there is no intermediate payment agreement, the seller shall pay the down payment in an equal amount, and the buyer may also waive the down payment and rescind this contract.