1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant are in the relationship between the former and the latter. C is the Plaintiff’s punishment. 2) The Plaintiff and the Plaintiff entered into a real estate exchange agreement with D on January 11, 2011. The content of the agreement is to transfer the ownership of six parcels of land, such as E, etc., and the F-Ground building, to “C et al. and one other” and the “C et al.” to “D et al. and one other” when transferring the ownership of real estate, such as G, etc., in Gangwon-do, to D, to pay an additional amount of KRW 985 million in exchange.

(A) No. 1, 3) The six parcels, including E, exist within the land transaction permission zone in Namyang-si, Nam-si, the remaining parcels were divided into subsequent parcels, and some land categories were changed from forest land to forest land, and real estate in accordance with the changed parcels are as shown in attached Table 1 to 10 (hereinafter collectively referred to as “instant land”).

2) In addition, the F-ground building at the above Namyang-si is as shown in [Attachment List No. 11] (hereinafter the above building and the land of this case combined with the above building and the land of this case].

4) Most of the funds required for the instant contract were appropriated as K’s investment amounting to KRW 400 million and KRW 700 million of loans of KRW C.

B. (1) However, C and the Plaintiff were unable to satisfy the requirements for land transaction permission with respect to the instant land, and thus, they were to acquire the ownership of the instant real estate under the Defendant’s name. Accordingly, on February 24, 2011, the sales contract (Evidence A2) was separately prepared on the instant real estate by the seller D and the purchaser was the Defendant, and on March 3, 2011, the transfer registration was completed under the Defendant’s name on the grounds of the said sale. (2) On February 28, 2011, immediately before the said transfer registration, the Defendant and C drafted a “Agreement on the Transfer of Real Estate Rights” (Evidence A3) stating the following contents as to the instant real estate.