1. The Plaintiff (Counterclaim Defendant) paid KRW 12,367,595 to the Defendant (Counterclaim Plaintiff) and its amount from April 26, 2016 to July 13, 2016.

1. Facts of recognition;

A. Around 1997, C leased five lots of land, including 657 square meters in Seosan-si and 1,173 square meters in E farm site (hereinafter “instant land”) owned by oneself for the purpose of physical use, and thereafter the lessee was replaced several times.

The defendant around March 2006 transferred the secondhand property from the former lessee and leased the above land from C to operate the secondhand property.

B. After that, C filed a charge of violating the Farmland Act that the said land was farmland located within the agriculture promotion area without obtaining permission for farmland diversion, and used it as a water-free site or an entry road, but was charged with non-prosecution on April 10, 2014, for the reason that the statute of limitations has lapsed.

C. On September 27, 2014, the Plaintiff entered into a contract with the Defendant to be transferred to KRW 380,000,000 (a total of KRW 210,000,000,000,000,000) for all of the business on the water, and entered into the instant land lease contract between the landowner and the landowner.

Around that time, the Plaintiff acquired a secondhand business from the Defendant and started the operation thereof.

On July 1, 2015, the rice industry Mayor notified C of the reinstatement order under Article 42 of the Farmland Act on the ground that C was engaged in the diversion of farmland without obtaining permission for the instant land, and C notified C of the same reinstatement order twice until October 15, 2015.

Accordingly, C sent to the Plaintiff a content-certified mail to suspend the business on the spot and transfer the place of business. On October 23, 2015, the Plaintiff brought the instant lawsuit against the Defendant.

[Ground] Evidence Nos. 1 through 3, 14, Eul Evidence Nos. 1 and 2, Eul's testimony, and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion 1 is transferred to the main body business operated by the defendant, but the site is converted to the main body site without obtaining permission to divert farmland.