1. The plaintiff's claim is dismissed.

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

Facts of recognition

On July 20, 2015, the first contract C and the Defendant concluded a sales contract with respect to the amount of KRW 5,735 square meters for forest E, Gyeonggi-gun, Gyeonggi-do (hereinafter “instant real estate”) and F forest land 29,174 square meters (hereinafter “instant 2 real estate”) owned by the Defendant as the broker of D (hereinafter “instant first contract”).

The above contract included the following contents:

Permission for mountainous district conversion shall be filed in the name of the seller, and the purchaser shall succeed when permission is completed.

The down payment amounting to 30 million won shall be paid on the date of the contract, and the remainder of 340 million won shall be paid within 30 days after the permission for development of the said real estate and the completion of civil engineering works.

Where a transaction real estate is borrowed as security in order to prepare balance, the defendant shall deliver documents necessary for the provision of security.

C paid 30 million won to the defendant on the same day.

It was necessary to secure access roads in order to obtain permission for development activities on the sale and purchase real estate.

The Defendant, on October 27, 2015, transferred 3,636 square meters among the instant 2 real estate, and 165 square meters among the instant 1 real estate and 496 square meters among the instant 2 real estate to G on February 3, 2016.

In addition, on August 17, 2016, the defendant transferred 165/5,570 of the shares in the remaining portion among the real estate No. 1 of this case divided as above to G.

On May 12, 2017, the second contract C prepared a letter to the defendant that the defendant renounces his right under the first contract of this case.

The plaintiff and the defendant are the first and second real estate of this case on the same day.

3) As described in paragraph (3) above, the remainder (the same as the real estate listed in the separate sheet; hereinafter referred to as “the instant transaction real estate”) except for the portion transferred to G.

35,000,000 for payment (hereinafter “the second contract of this case”)

AB concluded the agreement.

And C paid to the defendant under the first contract of this case.