1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit changed from the trial, is as follows:

1. In the judgment of the court of first instance, the plaintiff filed a counterclaim against the defendant for the payment of KRW 59,300,000 under an agreement on settlement of accounts under a business agreement or on the return of investment funds, and the defendant filed a claim against the plaintiff for the return of KRW 8,100,000, respectively. The court of first instance accepted the claim for counterclaim against the plaintiff for the repayment of KRW 5,000,000 from April 15, 2014 to May 12, 2016, the agreed amount of KRW 5% per annum from April 15, 2014 to May 12, 2016, and the damages for delay and the claims for counterclaim with 15% per annum from the next day to the date of full payment, and the remaining claims for counterclaim were dismissed.

As to this, only the plaintiff appealed against the part against the plaintiff in the principal lawsuit and counterclaim, and the court of the first instance alters the claim on the part against the plaintiff in the principal lawsuit in exchange for seeking return of unjust enrichment or reimbursement of agreed money due to the voluntary sale of entrusted real estate in the name of the plaintiff, the scope of the judgment of the court is limited to the part of the principal claim and the part of the counterclaim claim altered in exchange

2. Basic facts

A. The Defendant received a decision to permit the sale of each of the instant real estate in the auction procedure as to the Plaintiff’s wife’s 1,790 square meters, E 2,205 square meters, F 2,50 square meters, and F 31,005,000 square meters (the sum of the instant real estate collectively referred to as “each of the instant real estate”), and paid the said price on November 18, 2003. On November 26, 2003, the Defendant completed the registration of the transfer of ownership in the Defendant’s name on the grounds of sale on November 18, 2003.

B. The Defendant sold each of the instant real estate to the Korea Rural Community & Agricultural Corporation on March 21, 2008, and received 59,300,000 won from the Korea Rural Community & Agricultural Corporation.

[Ground of recognition] Gap evidence Nos. 1 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the fact inquiry reply to the chief of the Korea Rural Community Corporation and the branch office of the court of first instance, and the purport of the whole pleadings.