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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. Facts recognized;
A. The Plaintiff entered into a contract with the Defendant on September 30, 2009 (hereinafter “instant contract”) with the introduction of F, one’s own land, and G, a co-ordinator of the Defendant’s middle and high school, as the introduction of G, a co-ordinator of the Defendant’s middle and high school.
The main contents of the contract made at the time (hereinafter referred to as the “instant contract”) are as follows:
In selling and buying earth and stones within the next fold, the defendant A and the plaintiff B shall be referred to as "A" and "B".
Parcel numbers: D, E, and C Forest and Forest (Ap. 21,000 square meters) in the south Sea-west, shall be paid to A the amount of soil and stones of KRW 400 per cubic metres.
B shall be paid design expenses and all expenses, and only the unit price per cubic meter shall be paid to A.
Expenses up to the commencement of the work are anticipated to require approximately KRW 80,000,000 from approximately 70,000 to KRW 80,000,00, and if any, they shall bear the additional expenses.
Down payment shall be KRW 30,000,000, and the remainder amount shall be paid until October 30, 2009.
B. At the time of the conclusion of the instant contract, ① 42,545 square meters of C forest land in Namnam-gun, Namnam-gun was owned by H, I, and J. ② D forest land was owned by K. 10,810 square meters, and ③ E forest land was owned by the Defendant.
(hereinafter referred to as “instant forest” by referring to three lots of forest land as seen earlier, and when referring to individual forest land, it shall be classified by adding the relevant land additionally).
Under the instant contract, the Plaintiff paid KRW 80,000,000 to the Defendant on September 30, 2009, KRW 40,000,000, and KRW 10,000 on November 2, 11, 2010, and KRW 80,000,00 on February 11, 201.
Of KRW 80,000,000 received from the Plaintiff, the Defendant paid KRW 70,000,000 to GIST. G, with the Defendant’s consent, was led by the Defendant’s prior procedures for collecting earth and stone, such as filing an application for permission for conversion of the instant D and E forest under the name of the Defendant.
However, in the case of the instant C forest, the owner thereof.