A. On October 29, 2009, the Defendant entered into a real estate sales contract with 50,440 square meters of land D in emulation (the size was reduced to 44,284 square meters due to the division, March 2, 2012; hereinafter “instant forest”) which is part of the 9,918 square meters of land, among the following: < Amended by Act No. 9918, Oct. 29, 2009>

Clause 8 of the above sales contract provides that "this contract shall be null and void at the time when permission for conversion of mountainous district is not granted, and the down payment shall be immediately refunded to the buyer."

B. On October 28, 2015, the Plaintiff entered into a contract for the transfer of approximately KRW 2,600 out of the instant forest land (hereinafter “instant transfer land”) with the Defendant as follows:

(hereinafter referred to as “instant contract”). The transferor: The transferee of the Plaintiff: The transferee of the Plaintiff: The transfer price of approximately KRW 2,600 of the transfer price of approximately KRW 2,600 of the transfer price: The KRW KRW 00 million, which is KRW 10 million, shall be paid on October 28, 2015, the remainder of the down payment of KRW 00 million, which is paid on November 10, 2015.

Provided, That when the remainder of down payment is not performed, the contract shall be terminated and the down payment shall be confiscated.

Any balance: The content of the transfer on April 27, 2016: All the rights of the real estate sales contract and special agreement on October 29, 2009: Provided, That the usual unit price of land on October 29, 2009 is 280,000, and the usual unit price at the time of the transfer of rights is 400,000,000 won. The special agreement is a condition that the transferor shall comply with the special agreement of the real estate sales contract on October 29, 2009, and the transferor shall be legally, civil, and criminally liable to the transferee at the time of the transfer of rights.

However, the collection and excavation of soil and stones at lower level than the road surface in front of D is not recognized. If the road surface is lower than the road surface, it is necessary to restore it to its original state in accordance with the height of the road.

C. According to the instant contract, the Plaintiff wired KRW 50 million out of the down payment on October 28, 2015, and KRW 50 million to the Defendant on November 6, 2015.

On December 23, 2015, the Plaintiff transferred the instant land to the Defendant.