1. As to the Plaintiff’s KRW 89 million and its KRW 77 million, Defendant C shall be from March 31, 2011 to KRW 12 million.

1. Basic facts

A. On April 7, 2011, with respect to the forest land of this case, the transfer of ownership was completed under the name of E, the Plaintiff and the Defendants (the Plaintiff’s share 234/1,000, Defendant B’s share 500/1,000, Defendant C’s share 266/1,000) will hereafter be the same year.

3. The registration of ownership transfer was completed due to October (hereinafter “the instant trade”).

[On the other hand, the share of 79.22/1,00 among the forest land in this case (Defendant B’s share) was completed on June 5, 2013). ① Defendant C was offered to jointly purchase the forest land in this case from Defendant B in approximately KRW 19,000 per square year.

② Nevertheless, around the end of January 201, Defendant C made a false statement to the Plaintiff, stating that “Around the end of January 2011, when an industrial complex was created in the surrounding area, with a high prospect of KRW 30,00,000, calculated the total purchase amount of KRW 900,000 per square day, and purchased half of the total purchase amount of KRW 30,000,000, as the remainder of KRW 15,000, as it is currently in short of the purchase amount, Defendant C would be able to see the future profits if the Plaintiff jointly purchased the remainder of KRW 7,00,00 per square day.”

③ Defendant C, on March 31, 201, remitted KRW 210 million from the Plaintiff as the purchase price for the said KRW 70 million on March 31, 201, and acquired KRW 12 million on April 7, 2011 as the usage of fees and capital gains tax, and acquired KRW 89 million in total, including the difference of the purchase price, KRW 77 million and fees and capital gains tax.

B. Defendant C was indicted by Busan District Court 2016Kadan484 for the following criminal facts and was sentenced to imprisonment for ten months from the above court on November 10, 2016. The above judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 3, Eul evidence 4-9, the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion is that Defendant B purchased the instant forest land in KRW 230 million, even though it purchased the instant forest land in KRW 230 million.