1. At the same time, the Defendant received KRW 73 million from the Plaintiffs, and at the same time, received the Plaintiffs from the Plaintiffs, the forests and fields D, Jeonbuk-gun, 213 square meters.

1. Basic facts

A. On April 26, 2012, the Plaintiffs purchased KRW 128,00,000,000 for D forest land 2113 square meters (hereinafter “instant land”) owned by the Defendant between the Defendant and the Defendant, and the down payment of KRW 15,000,000 on the date of the contract, the intermediate payment of KRW 40,000 on May 15, 2012, and the remainder of KRW 73,00,00 on June 15, 2012, the Defendant entered into a sales contract to deliver all necessary documents to the Plaintiffs (hereinafter “instant sales contract”). At the same time, the Defendant entered into the sales contract to deliver all necessary documents for the registration of ownership transfer (hereinafter “instant sales contract”).

B. The Plaintiffs paid the Defendant the down payment of KRW 15 million on the date of the instant sales contract, and the intermediate payment of KRW 40 million on May 15, 2012.

C. At the time of the instant sales contract, E requested F to transfer KRW 30 million to the Defendant’s account with the intent to pay the remainder of the instant sales contract. Accordingly, F transferred KRW 30 million to the Defendant’s account on June 21, 2012. On July 30, 2012, the Defendant sent KRW 30 million to the F account with notice that the instant sales contract would be rescinded on the grounds that the Plaintiffs would have not paid the remainder of the purchase and sale.

On September 13, 2012, the Defendant borrowed KRW 30 million from the Jeonju Credit Union, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the Jeonju District Court No. 6016, Sept. 13, 2012, the amount of maximum debt of KRW 39 million (hereinafter “the maximum debt amount”).

[Ground of recognition] Facts without any dispute, Gap evidence 1 through 3, Eul evidence 1-1 to 3, 2-12, and witness E's testimony

2. Determination as to the cause of claim

A. According to the instant sales contract, the Plaintiffs asserted as the cause of the claim paid KRW 30 million out of the total down payment and intermediate payment and the remainder, and the Defendant received payment of KRW 43 million out of the remainder of the remainder amount ( KRW 73 million - KRW 30 million) and at the same time cancelled the registration of establishment of a mortgage on each one-half of the instant land to the Plaintiffs.