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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. (i) On August 30, 1989, the Plaintiff and I acquired the ownership of 1/2 equity ownership of C forest land 12913 square meters (hereinafter “C forest land before division”).
The plaintiff purchased 1/2 shares of C forest land before the division from I on November 29, 1994, and completed the registration of transfer on November 30, 1994, the plaintiff owned C forest land before the division alone.
Before the division, “A forest” was divided into C forest land 6567m2 on December 16, 1994 (hereinafter “instant forest”) and G forest 1836m2 and L forest 4510m2.
B. The Defendant, who entered into a sales contract between the Plaintiff and the Defendant, operated a restaurant with the trade name “M” in the vicinity of the instant forest. However, around August 2007, the Plaintiff entered into a sales contract with the Plaintiff to use the instant forest for restaurant business, and the Defendant purchased the instant forest from the Plaintiff for KRW 620,000,000 (hereinafter “instant sales contract”).
C. On August 11, 2007, the payment date of the Defendant’s payment of the purchase price (including KRW 10,000,000 on August 10, 2007) entered the sales contract in total from around 10,328,767 on October 19, 2007 to around 10,328,767 on November 19, 2007, with the Plaintiff, from around 10,00,00,000 on June 13, 2008 to around 10,000,000,000, up to 10,0000,000 on August 20, 200, 2008; and
The Plaintiff, who utilized the forest of this case, was not paid the full purchase price by the Defendant, was able to gratuitously use the forest of this case from the date immediately after the sales contract of this case. ② On September 18, 2007, upon the Defendant’s request, the Defendant offered the forest of this case as security so that the Defendant may obtain a loan (the maximum bond amount of KRW 520 million) from one Dong Agricultural Cooperative under his own name, and ③ on April 24, 2009, the Defendant was in its name.