1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 7, 2011, the Defendant sold real estate owned by the Defendant (hereinafter “instant forest”) at KRW 200 million to the Plaintiff at the price.

At the time, the Plaintiff and the Defendant determined the down payment of the purchase price as KRW 80 million, and without any intermediate payment, determined the remainder as KRW 120 million. On October 7, 201, the Plaintiff paid the Defendant KRW 30 million, which is a part of the down payment, and paid the remainder down payment to the Defendant on October 10, 201.

B. However, the instant forest land was transferred to D and E on December 30, 201 due to the sale on December 2, 2011.

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. On or before December 30, 2012, the Plaintiff asserted the remainder payment deadline, the Defendant sold the forest land of this case to D and E without the Plaintiff’s consent or consent, and transferred the ownership thereof, thereby failing to perform the obligations under the sales contract. As such, the Plaintiff cancelled the sales contract with the Defendant and sought the return of the down payment.

B. The defendant alleged that he concluded a sales contract with D and E at the plaintiff's request and transferred ownership. Thus, the plaintiff's assertion on the ground of the defendant's non-performance cannot be accepted.

3. In full view of the purport of each statement in evidence Nos. 1 through 6 (including a paper number) of judgment, the Plaintiff and F, under the Plaintiff’s name, shall resell the forest of this case and pay only the down payment, and then purchase the forest of this case from the Defendant in the Plaintiff’s name. After that, the Plaintiff and F, under the Plaintiff’s name, had a third party acquire ownership of the forest of this case by inducing a third party in a situation where the resale of the forest of this case is not open and it is difficult to prepare any balance. Accordingly, F requested the Plaintiff to change the buyer from the Defendant and his agent to the third party on behalf of the Plaintiff, and the Defendant requested D and F to change the buyer from the Plaintiff to the third party.