A. On October 18, 201, the Plaintiff entered into a sales contract with the Gangnam-gun D Forest, E Forest, F Forest, and G Forest with the purchase price of KRW 170 million, and H answer amounting to KRW 30 million with the purchase price of KRW 30 million, from C on October 18, 201.

B. In addition, on December 12, 2011, the Plaintiff entered into a contract with the Defendant for the design permission for the development of land on two parcels, other than the Gangwon-gun D Forest (hereinafter “instant forest”) among the real estate purchased by the Plaintiff from C as above, and paid the Defendant the down payment of KRW 22 million on the same day.

C. On October 22, 2013, the Defendant drafted a written confirmation to the Plaintiff that “if the permit for the development of the instant forest and land, other than the instant forest, is completed by November 30, 2013 and is not performed within the said period, the down payment shall be returned, and the amount calculated by 5/1000 per day from the contract date shall be paid as liquidated damages” (hereinafter “instant written confirmation”). D.

However, the Defendant filed an application for permission for the reclamation of the instant forest under the Plaintiff’s name, but around November 12, 2013, received notification from the Gosung-gun on the exclusion of the land to be reclaimed from the designation of the land to be reclaimed, and subsequently did not obtain the permission for the reclamation of the instant forest.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including virtual number), and Gap evidence No. 5 argued to the effect that Gap evidence No. 5 (written confirmation) was made by duress in the written reply, but the defendant, on the first date for pleading, withdrawn the claim and acknowledged the authenticity of Gap evidence No. 5 (written confirmation).

Gap evidence 6, the purport of the whole pleading

2. According to the above facts of determination, since the Defendant failed to complete the permission to cultivate the forest of this case within the time limit set in the instant written confirmation, the Defendant’s complaint of this case from December 12, 201, which is the contract date, as agreed upon in the instant written confirmation.