1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons for this part of the facts of recognition are the same as the corresponding column of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above KRW 170,000,000,000 and the delay damages therefrom, barring any special circumstance, to the effect that the Plaintiff acquired the claim for refund of KRW 170,000,000, including the exchange difference following the rescission of the exchange contract in this case.

B. The Defendant alleged in the first instance court that “C and V conspired to make it impossible to perform the instant exchange contract, and thus C or the Plaintiff’s claim of this case, the assignee of the instant claim was unjust.” However, upon the first instance court’s failure to perform the obligation under the instant exchange contract, C’s withdrawal of the said claim was made on February 2015, the Defendant and Nonparty X made a promise to sell the instant forest to X for KRW 650,000,000 between the Defendant and Nonparty X, and at the same time, the Defendant issued documents necessary for the registration of transfer of ownership of the instant forest as well as the cancellation of the registration of T’s provisional disposition on the instant forest, and ③ succeeds to the security loan equivalent to KRW 420,00,000 established in the instant forest, and ④ if X violated the contract, the Defendant shall pay KRW 100,000,000 to the Defendant for the purchase and sale of the instant forest as agreed upon.

B) On November 2016, when X did not perform the above contract, C entered into a contract with the Defendant, Nonparty V, and Nonparty W (and Y) under the name of W (B) and sold a part of the instant forest to V, on which the Defendant: (a) sold to V some of the instant forest; and (b) on which V bears a total of KRW 450,00,000,000 (hereinafter “instant sales contract”).

AB concluded the agreement.

The above contract is the contract of V.