1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. 1) The Plaintiffs entered into a land sales contract between the Plaintiffs and the Defendant, etc., and the Plaintiffs to the clan K (hereinafter “K clan”).

(2) On June 12, 2003, as a member of the clan registered in the name of the Defendant with the name of the Defendant’s agent on June 12, 2003, the 5,950 square meters of N forest land in the name of 5,950 square meters and P forest land owned by the Defendant were divided into 3,305 square meters and 1,170 square meters of land. The 3,305 square meters of O forest land were registered in Q 3,37 square meters around September 29, 2010 and divided into 990 square meters of R forest land, S forest land, 734 square meters of land, T forest, 160 square meters of forest land, 654 square meters of forest land, and Q839 square meters of forest land owned by the Defendant, respectively (hereinafter “instant land”).

75,000,000 won shall be purchased, and the down payment of KRW 7,00,000 on the date of the contract; the intermediate payment of KRW 20,000,000 shall be paid by June 30, 2003; and the remainder of KRW 48,000,000 shall be paid by July 20, 2003 (hereinafter “instant sales contract”).

On the same day, the Plaintiffs concluded a contract deposit of KRW 7,00,000 on the same day, and paid KRW 7,000 to M. (2) On June 25, 2003, the Plaintiffs paid KRW 20,000 in intermediate payment to M on the same day after obtaining the Defendant’s written consent to the use of blank land (hereinafter “written consent to the use of the instant land”) affixed only the Defendant’s seal affixed by M, and the Defendant’s certificate of seal impression for the use of the graveyard was issued.

Since July 9, 2003, the plaintiffs filled up blanks of the letter of consent to the use of the land of this case, and obtained permission for the installation of a cemetery in the name of the clan from Masung City by using it. From July 14, 2003 to July 16, 2003, the plaintiffs installed a charnel house and installed a new 10 clan grave on the land of this case.

3. However, the Defendant refused to receive the remainder from the Plaintiffs on the ground that the instant sales contract was a sales contract by an unauthorized representation. On July 28, 2003, Plaintiff D deposited the remainder amount of KRW 48,00,000 as the District Court No. 921 in 2003 pursuant to Article 487 of the Civil Act on the ground that the Defendant refused to receive payment by the Defendant, and on the same day.