1. The Defendant’s KRW 100,000,000 for the Plaintiff and the following: 5% per annum from July 2, 2016 to April 17, 2018.

Basic Facts

A. On May 10, 2016, in the name of the Plaintiff and the Defendant, a sales contract was formulated with the content that the Plaintiff purchases 30,000,000,000 won in the intermediate payment, 50,000,000 won in the intermediate payment, and 120,000,000 won in the remainder of 120,00,000 won in the instant sales contract (hereinafter “instant sales contract”).

B. On May 10, 2016, the date when the instant sales contract was concluded, the Plaintiff paid the Defendant KRW 100,000 (=30,000,000 + KRW 50,000 + KRW 5,000,000 on May 18, 2016, and KRW 13,13. 10,000,000 on June 13, 2016, and KRW 100,000 on July 1, 2016, plus KRW 55,000,000 + KRW 10,0000 + KRW 55,00,000,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, gist of plaintiff's assertion in the whole argument

A. approximately 50 out of the instant pine trees was dead, part of which was extracted, and around June 2017, 460,000 out of the instant pine trees were left.

Since the Defendant’s obligation to transfer ownership on the instant pine trees has reached an impossible status due to the Defendant’s fault, the Plaintiff cancelled the instant sales contract by serving a duplicate of the instant complaint.

The defendant is obligated to recover the purchase price of KRW 100,000 to the plaintiff and pay legal interest and delay damages to the plaintiff.

B. If the defendant is not a party to the instant sales contract, but E is a party, the defendant bears the same responsibility as the name truster.

C. Although the defendant is not a party to the sales contract of this case and is not liable as a nominal tortfeasor, the defendant is liable as a joint tortfeasor.

E and F are the owners of the instant pine trees and the actual seller of the instant pine trees, and the price for the first purchase of the instant pine trees from G is KRW 180,000,000.