1. The Plaintiff (Counterclaim Defendant) shares of 330/17,155 square meters of C forest land 17,155 square meters in Gangnam-gu Seoul Special Metropolitan City from the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 1, 2019, the Defendant was awarded the bid of the instant forest as the highest bidder, along with D Co., Ltd. on the date of selling the auction procedure with respect to C Forest land of KRW 17,155 square meters (hereinafter “instant forest”).

B. On April 4, 2019, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 330,000,000,000,000, out of KRW 17,155,000,000 (hereinafter “instant sales contract”).

C. As to the payment of the instant sales price, the Plaintiff and the Defendant determined to pay the full amount of KRW 39.9 million without paying any down payment and any intermediate payment, and the Plaintiff wired KRW 39.9 million to the Defendant’s account on April 4, 2019, which is the date of conclusion of the instant sales contract.

The defendant paid proceeds from sale to an auction court on May 10, 2019, and completed the registration of ownership transfer based on sale due to voluntary auction on May 10, 2019 with respect to 1/2 of the forest in this case on the same day.

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s intent to pay the remainder of the buyer’s obligation and the seller’s obligation to transfer ownership in the sale and purchase contract for real estate is concurrently performed. Article 2 of the sale and purchase contract of this case provides that the Defendant shall perform the documents necessary for the transfer of ownership from the Plaintiff upon receipt of the remainder from the Plaintiff. Thus, the Plaintiff’s obligation to pay the remainder and the Defendant’s obligation to transfer

On April 4, 2019, the date of the conclusion of the instant sales contract, the Plaintiff paid the purchase price to the Defendant. On April 10, 2019, the Plaintiff revoked the instant sales contract in cases where: (a) the Defendant, by April 30, 2019, takes procedures for the transfer of ownership with respect to 330 square meters out of the forest of this case; and (b) the Defendant did not implement the procedures