1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

1. Basic facts

A. On November 8, 2005, the Plaintiff entered into a sales contract with Nonparty C to purchase KRW 3309 square meters of D forest land (hereinafter “D forest land before division”) at KRW 360 million in the purchase price, and paid the said purchase price to C.

With respect to shares on August 17, 2007 due to sale and purchase as of August 7, 2007, 2206/3309 shares, each ownership transfer registration was made in the future of the plaintiff and with respect to the remaining shares 1103/309 shares in the defendant's future.

B. On August 25, 2011, the Plaintiff sold 2206/3309 shares registered as the Plaintiff’s shares among D forest land before subdivision to Nonparty E, and completed the registration of ownership transfer under the name of Nonparty E on the same day.

The above purchase price was not distributed to the defendant and the plaintiff acquired all of them.

C. On July 10, 2015, D forest was divided into Fri-ri (hereinafter “Fri-ri”) D forest land 1,103 square meters (hereinafter “D forest after division”) and G forest land 2,206 square meters.

After the division, on July 15, 2015, E’s share 2/3 among D forest land was transferred to the Defendant on July 15, 2015. On August 18, 2015, E’s share 1/3 of the above G forest land was transferred to the Defendant on August 18, 2015, and D forest was owned by the Defendant solely, and G forest was owned by E.

After the division on July 24, 2015, Nonparty H Co., Ltd. completed the establishment registration of a collateral on July 23, 2015, setting forth the debtor and the maximum debt amount of KRW 468 million on the ground of a collateral security contract on July 23, 2015.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that D forest after division is jointly owned by the Plaintiff and the Defendant, so the Defendant’s disposal of the said forest must obtain the consent of the Plaintiff.

However, without the plaintiff's consent, the defendant set up a mortgage on the above land.