1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

1. Basic facts

A. On September 2006, the Plaintiff entered into a provisional contract with C on September 25, 2006, stating that “The Plaintiff would sell the instant forest to C for KRW 2.619 billion” and received KRW 100 million from C as a provisional contract deposit, as the broker of the Defendant, who runs real estate brokerage business, in the name of “G Licensed Real Estate Agent” and negotiated the conclusion of the sales contract on E forest land size 28,862 square meters (hereinafter “instant forest”).

B. On September 27, 2006, the Plaintiff and C established a sales contract stating that the remaining KRW 2.519 billion shall be determined as the purchase price of the instant forest, except for KRW 100 million for the provisional contract deposit, at the Defendant’s brokerage office, KRW 200 million shall be paid by December 27, 2006, the date of the contract, the intermediate payment of KRW 1.95 billion, which is the scheduled date of approval for permission for development activities of the instant forest, until December 27, 2006, and the remainder of KRW 1.395 billion shall be paid by January 27, 2007.

(hereinafter “instant sales contract.” Article 7 of the said sales contract states that “Real estate brokers are not liable for the nonperformance of this contract by a seller or a buyer, and both parties to this contract shall pay brokerage fees, at the same time as this contract is concluded, and this contract is null and void, cancelled, or terminated without the intention or negligence of the broker.”

The plaintiff was paid KRW 200 million as the down payment on the date of conclusion of the above contract.

C. After that, C filed a lawsuit against the Plaintiff seeking the return of the down payment amounting to KRW 300 million as Suwon District Court 2012Ga1283, asserting on June 4, 2012, which did not obtain any land transaction permission and permission for development regarding the instant forest.

Around February 8, 2013, a decision of recommending reconciliation was finalized on the following legal proceedings: “The Plaintiff shall pay KRW 120 million to C.”

[Ground of recognition] Unsatisfy, A(1) through (3)