1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On October 12, 2010, the Plaintiff, the Defendant, and the first instance trial co-defendant B, and C jointly purchased the instant forest on October 12, 2010 and completed the registration of transfer of ownership as to shares of 1/4 of the instant forest on the same day on the same day.

B. In the auction of this case, the Plaintiff paid KRW 8,00,000 for the bid deposit, and on October 12, 2010, the Plaintiff obtained a loan of KRW 130,000 from the High Military Fisheries Cooperatives (hereinafter “Seoul Military Cooperatives”) under the Plaintiff’s name (hereinafter “the instant loan”) and used it as the purchase price for the forest of this case. On the other hand, the Plaintiff completed the registration of creation of mortgage over KRW 169,000,000 for the forest of this case to the High Military Cooperatives.

C. On September 24, 2010, prior to the date of the instant loan, Co-Defendant B of the first instance trial prepared a statement of performance (hereinafter “instant statement of performance”) with the purport that “B shall take effect on September 24, 2010 with respect to loans of KRW 130,00,000 as security, and take responsibility for B, and take the responsibility for change of debtor within December 24, 2010.”

On the other hand, on September 24, 2010, the Defendant, Co-Defendant B, and C of the first instance trial prepared a performance memorandum to the Plaintiff stating that “The Plaintiff shall jointly bid four forest land, obtain loans as security, and select the Plaintiff as the debtor, and three others shall be joint and several. The interest on the loan shall be paid in advance for three months and shall not be at any disadvantage to the debtor.” (hereinafter “instant second performance letter”).

E. On October 4, 2010, Co-Defendant B and C of the first instance trial succeeded to KRW 130,000,000 for a loan to the Plaintiff until November 5, 2010, and return KRW 3,000,000 for the Plaintiff’s investment amount and KRW 3,000,000 for a loan to the Plaintiff at the same time.