1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

On August 9, 2010, the Plaintiff purchased 14,726/147 of shares and 222m2 of the 14726m2 among the 14,726m2 (hereinafter “the forest before the instant partition”) at the Defendant’s recommendation by the Defendant.

On August 24, 2010, the Plaintiff transferred KRW 60 million to the Defendant’s account with the purchase price for the said real estate. On August 19, 2010, the Plaintiff completed the registration of ownership transfer made on August 9, 2010 with respect to each of the said real estate.

On October 27, 2010, from the forest land before the instant partition, the land E with the wife population E divided into 661 square meters and 770 square meters of F forest. According to the joint-use agreement on October 28, 2010, the registration of the transfer of co-ownership owned by the Plaintiff solely with respect to the land E with the wife population E and 661 square meters of forest and F forest and 770 square meters of land, which was divided as of October 28, 2010.

On March 26, 2012, the area E- 661 square meters of forest land in Tae-si is 655 square meters of H forest land, and the area of F forest land in Tae-si is 770 square meters of forest land in Tae-si was each registration conversion on March 26, 2012 with the area of 755 square meters of forest land.

However, prior to the completion of the registration of co-ownership transfer in the Defendant’s future, the right to collateral security established on the forest before the instant partition was implemented, and the decision to voluntarily commence the auction was rendered by J of Suwon District Court on February 21, 201. As the highest bidder of the above auction procedure paid the sale price on March 14, 2012, the Plaintiff lost the ownership of 65m2 and 755m2 of land in the wife-H forest and 1 forest and forest as the Plaintiff lost the ownership.

When the Plaintiff demanded that the Plaintiff be held liable for the loss of ownership, on August 21, 2013, the Defendant prepared a loan certificate stating that the Plaintiff would pay KRW 60 million paid as purchase price by November 30, 2014 (hereinafter “the loan certificate of this case”) and issued it to the Plaintiff.

[Grounds for recognition] In light of the facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1, 2-2, Eul evidence 1-6, and the facts of the above recognition as to the ground for the claim of the whole pleadings, the defendant has special exception.