1. Revocation of a judgment of the first instance;

2. The Defendant shall render the Gwangju District Court with respect to 13,917 square meters of C forest land at the time of leisure water to the Plaintiff.

1. The reasoning of the judgment by the court concerning this part of the basic facts is as follows: (a) the Defendant’s second 11 of the judgment of the court of first instance is “E”; and (b) the third 19 of the judgment “contest” is deemed as “E”; and (c) the corresponding part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the judgment, and thus, it is acceptable in accordance with the main sentence

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is that the Defendant agreed to terminate the instant mortgage with the network D around June 13, 1998, and received KRW 3,00,000 as the termination cost, and pursuant to the agreement, the Defendant is obligated to cancel the registration of creation of the instant neighboring mortgage to the Plaintiff, who is the deceased D’s heir.

In addition, the secured claim of the instant right to collateral security has expired on May 16, 200 after the lapse of ten years from May 16, 1990, on which the date on which the right to claim under the instant exchange contract can be exercised. As such, the Defendant is obligated to cancel the registration of establishment of the instant right to the Plaintiff, the owner of the instant forest land, as the owner of the instant land.

B. (1) First of all, as to whether the Defendant received KRW 3,00,000 from the network D around June 13, 1998 from the network and agreed to terminate the instant right to collateral security, it is not sufficient to recognize it solely with the statement of No. 3, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

(2) Next, as to the completion of the extinctive prescription of the secured claim of the instant right to collateral security, the secured claim of the instant right to collateral security is the right to claim the purchase price upon the impossibility or cancellation of the instant exchange contract, and the instant exchange contract was omitted in an impossible status at the time when the ownership transfer registration of the instant forest was made under the network D name, and thereafter, the Defendant’s collateral security from MadD around June 13, 1998.