1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On May 25, 2004, the Defendant decided to purchase 3,000 square meters (hereinafter “E real estate”) out of 36,232 square meters of land E in Seosan-si from Nonparty D, etc. with the introduction of Nonparty C, and paid KRW 150 million of the purchase price to the said D, etc.

B. After doing so, the Defendant given C the access road construction cost of KRW 10 million under the pretext of brokerage commission and access road construction cost. However, the above C made it difficult for the above construction work, and concluded that C would cancel the above sales contract and introduce new land.

C. Accordingly, the Defendant rescinded the above sales contract, and the above C entered into an agreement with the Defendant on the following grounds: (a) the Plaintiff and C entered into an agreement with the Defendant, as follows: (b) the Plaintiff and C entered into an accident with three lots of land, including 32,926 square meters in Fannam-gun

(1) The Plaintiff and C sell to the Defendant 7,300 square meters (hereinafter “F real estate”) out of three parcels, other than the aforesaid F forest land 32,926 square meters, for KRW 83 billion.

D. The Defendant calculated the refund of the purchase price of the above E real estate amounting to KRW 240 million, and the Defendant’s wife, as KRW 80,000,000,000,000,000 for H 261.5 square meters (hereinafter “H real estate”) owned by the Defendant’s wife, and deducted the remainder of KRW 83,00,000,000,000,000 to be paid by the Defendant, from the purchase price equivalent to the above KRW 83,00,000 to be paid by the Defendant,

Article 25(1) of the Civil Act provides that a seller shall be jointly responsible for the graveyard, ground, etc. on the land and shall move or remove it.

After that, the Defendant paid the amount of KRW 400 million to the Plaintiff and C as the purchase price, and paid the amount of KRW 38.5 million on June 29, 2004 to the Plaintiff and the said C.

Accordingly, the Plaintiff and C prepared a receipt to the effect that the above F Real Estate was fully paid and issued to the Defendant.

(B) No. 4-1: Provided, That the Defendant did not transfer the ownership of the said H real estate to the Plaintiff or the said C at the time of replacing a part of the purchase price of the said F real estate.