Of the judgment of the court of first instance, the defendant (Counterclaim) that ordered payment exceeding the amount ordered to be paid.

1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 14 and Eul evidence No. 1 to 5.

On May 10, 2006, the Plaintiff entered into a contract with the Defendant on May 10, 2006 with the purchase price of 33,305 square meters (1,000 square meters) out of the shares in 56/432 owned by the Defendant with respect to the 61,884 square meters of D Forest (hereinafter “the forest before the instant subdivision”) in the North-gu, Seopo-si (hereinafter “the forest before the instant subdivision”), and paid 2.2 million won to the Defendant on May 19, 2006 as the purchase price.

The original and the Defendant determined that “if the land is released from the permitted area as the land transaction permission area, the transfer and registration will be made. If the land is expropriated before the permitted area is cancelled, the compensation amount of 1,000 square meters out of the compensation amount shall be paid to the purchaser.”

B. On February 1, 2007, in order to guarantee the obligation to return the price of KRW 2.2 million, the Defendant created a right to collateral security with regard to the portion owned by the Defendant with respect to forest land owned by the Defendant prior to the division of the instant case at KRW 56/432, the maximum debt amount was set at KRW 22 million to the Plaintiff.

C. E, a 1/2 share holder of the forest land before the instant partition, filed a lawsuit against the remaining co-owned share holders including the Defendant (hereinafter “Defendant, etc.”), claiming a partition of co-owned property as to the forest land before the said partition. On August 14, 2008, the above court rendered a final judgment on August 14, 2008, which became final and conclusive as follows: “The portion 30,942 square meters in part (A) connected each point of 61,884 square meters of the forest land before the instant partition, which was owned by E solely and jointly owned by E, and the portion 30,942 square meters in parts (B) connected each point of 11 through 25,48,11 of the attached drawing, and the portion 30,942 square meters in parts (B) connected each of 30,942 square meters in sequence with the Defendant, etc. according to their co-owned shares.”