The first instance court rejected the plaintiff's primary argument and accepted the preliminary argument and accepted the part of 147,500,000 won and damages for delay.

The scope of the trial of this court is limited to the above conjunctive assertion, since only the defendant appealed against this.

2. The reasoning for this part of the facts of recognition is that of the part against the defendant under Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the design office has no permission for the establishment of a factory for a considerable period pursuant to paragraph (7) of the instant special agreement, and the Defendant cancelled the first sale contract of this case by notifying the Defendant thereof. As such, the Defendant shall refund the down payment of KRW 1475 million and the delay damages therefrom paid pursuant to the first sale contract of this case.

B. Article 7 of the Special Agreement of this case provides that "This contract shall be subject to the buyer's permission to establish a factory, and where it is determined that the decision of the non-permission or the design office should not be permitted for a considerable period of time within 10 days from the date of notification to the seller, the contract deposit shall be refunded." The special agreement is a special contract to the effect that the buyer may rescind the contract where it is determined that the application for permission to establish a factory has not been permitted for a considerable period of time by the design office, and accordingly the seller shall return the contract deposit to the buyer.