1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant and the non-party C (the plaintiff's female) were in de facto marital relationship from 2001.

B. On November 7, 2001, the Defendant completed the registration of ownership transfer on the 8,264 square meters of Gyeonggi-gun D Forest land.

C. (1) As of January 10, 2002 between the Plaintiff (Buyer) and the Defendant (seller), a sales contract with respect to KRW 1300,000,000, out of the forest land as above, is prepared.

The wife of Nonparty E (Plaintiffs) completed the registration of the right to claim ownership transfer on November 16, 2002 with respect to the forest as above on the ground of the pre-sale promise made on November 1, 2002.

On September 1, 2003, F forest land is subject to registration conversion with 8,264 square meters of F forest land, and is divided into 3,017 square meters in F farm land and 5,247 square meters in G farm land (hereinafter “instant forest”).

E. (1) As of November 5, 2010, a sales contract was prepared between the Defendant and Nonparty H, setting the purchase price of the instant forest as KRW 190 million.

Luxembourg received KRW 4 million from a certified judicial scrivener I on November 15, 2010, and KRW 80 million from H on November 15, 2010, and on November 26, 2010, the registration of transfer of ownership was cancelled.

[Evidence A] Evidence Nos. 1, 4, 5, 9, 10, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion delegated the cancellation and sale of provisional registration of the instant forest to the Defendant, and received KRW 84 million in the purchase price.

However, the Defendant, in fact, sold the instant forest land in KRW 190 million and reduced the purchase price. Ultimately, the Defendant embezzled KRW 155,618,219, which is equivalent to the Plaintiff’s share of KRW 4,297.52 square meters among the instant forest land (i.e., KRW 190,000 x 4,297.52/5,247) and KRW 71,618,219.

B. The Defendant’s assertion (i.e., KRW 20 million on January 10, 2002, KRW 30 million on February 11, 2002, KRW 40 million on March 15, 2002, and KRW 40 million on March 15, 2002, the Plaintiff did not pay the purchase price on the actual receipt.

The sale of the forest of this case was led by C.