A. On February 10, 2010, the Plaintiff entered into a contract with the Defendant to purchase KRW 826 square meters (hereinafter “instant land”) of KRW 500 million among the 20,211 square meters in Pakistan-si (hereinafter “instant contract”) and paid KRW 90 million as the name of the down payment and intermediate payment, etc.

B. After that, the Plaintiff and the Defendant drafted a written agreement with the following terms (hereinafter “instant agreement”) on May 25, 2010, regarding the authorization and permission of the instant land.

The indication of real estate in the agreement: on February 10, 2010, the above real estate of 826 square meters out of 2,211 square meters in the agreement is contracted on February 10, 2010, but the issue of authorization and permission arises, and the principal and part payment (total amount of KRW 90 million) shall be returned to June 30, 2010, and this contract shall be terminated on the date of the gold day (e.g., May 25, 2010).

The above matters shall be implemented until August 30, 2010, and all the responsibilities of D are confirmed to be responsible by D: May 25, 2010: the facts that D [based grounds for recognition] does not dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, the Defendant concluded to cancel the instant sales contract and pay 90 million won to the Plaintiff as down payment and intermediate payment, etc. by June 30, 2010.

Therefore, the Defendant is obligated to pay to the Plaintiff the down payment and intermediate payment KRW 9,00 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 31, 2010 to February 12, 2018, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

B. As to this, the defendant, as to the agreement of this case, was made by deceiving the defendant that he will present only to the plaintiff when he was living together with the plaintiff and return it to the defendant, and the plaintiff of this case.