A around October 19, 2012, around October 19, 2012, entered into a sales contract with the Defendant Company’s broker to purchase the 1,089,50,000 square meters of the purchase price for F, G, H, I forest land (hereinafter “instant factory site”) from B, C, D, and E (hereinafter “instant sales contract”).

B. However, as a special agreement under the instant sales contract, it was agreed that “this contract shall be terminated by the return of down payment as it becomes invalid immediately when it is impossible to achieve the purpose of the contract by a contract for the development of land, such as the establishment of a factory promoted by the Defendant Company.”

C. On October 29, 2012, A, in addition to paying the down payment to the above seller pursuant to the instant sales contract, on October 29, 2012, transferred KRW 28,026,880 to Nonparty J, the owner of the road site to enter the instant factory site at the request of the Defendant Company (hereinafter “instant money”).

Until December 30, 2014, Defendant Company agreed to obtain permission to convert the factory site in this case into the factory site, but did not obtain such permission.

E. Accordingly, “A” filed a lawsuit against Suwon District Court Decision 2016Kadan72047 against “B, C, and J, etc.” on the ground of the Defendant Company’s failure to comply with the permission for conversion of land for a factory and seeking the return of the down payment and the amount equivalent to the instant money. B, C, etc. returned down payment, but the J denied the obligation to return the instant money.

F. In the above lawsuit, it cannot be recognized that “A” agreed to return the instant land for a factory in this case with J and paid the instant money, and the party who concluded a contract to sell access land is the defendant.