1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Basic Facts

From around 2013, the Plaintiff had the extracting rights listed in the separate sheet (hereinafter “the extracting rights of this case”) under his own name from around 2013, and C, the spouse of the Plaintiff, was practically operating the mine in which the Plaintiff had been the subject of the extracting rights.

Of the 67th portion of the mining area of the extraction right of this case, 1,836 square meters shall be converted into the area of 6,069 square meters of land in Taecheon-si (hereinafter referred to as “Tacheon-si”) and 6,863 square meters of land E (hereinafter referred to as “Tacheon-si forest”) are being developed into the mine at the time of Taecheon-si. The two forests adjoining each other’s boundary, and as a whole, are in the form of a mine.

Around September 2016, the transfer of the extracting rights of this case was under criminal trial under detention, but decided to dispose of the extracting rights of this case to F (the representative director of the defendant) in order to prepare the agreed amount to be paid to the victim of the relevant criminal case.

Accordingly, on September 23, 2016, the Plaintiff and F entered into a contract with F to transfer the instant extracting rights under the Plaintiff’s name to F (hereinafter “the instant extracting rights transfer agreement”) (hereinafter “the instant extracting rights transfer agreement”), and the main contents and the contents of the special agreement are as follows.

Article 2 (Sale Amount of Extracting Rights) A (Plaintiff) of the Terms and Conditions of the Agreement shall transfer the extraction rights of this case to B (F) in the amount of KRW 220 million.

Article 3 (Authorization of Administrative Authorities) A shall transfer extraction rights after obtaining authorization from the administrative agencies concerned.

Article 4 (Payment of Price) A shall be paid at the same time as the contract is concluded, and the balance of KRW 20 million shall be paid until October 24, 2016.

Article 5 (Duty to Cooperate in Registration) A shall deliver documents necessary for the procedure for the registration of the transfer of extracting rights to B by the time stipulated in the special agreement provisions of Article 5.

Article 6 (Cancellation of Contracts)

1. (Omission)

2. If either Party A or B fails to comply with any of the provisions contained in this Special Agreement, this Agreement shall become null and void.

3. (Omission)