2. The costs of lawsuit shall be borne by the Plaintiff.

A. On February 13, 2014, the Plaintiff and the Defendants concluded a contract to sell the land owned by the Defendants (hereinafter “instant land”) for KRW 1 billion to the Plaintiff (hereinafter “instant sales contract”).

B. Upon entering into a contract, the Plaintiff paid KRW 50 million to the Defendants.

An intermediate payment of KRW 350,000,000 was replaced by succeeding to the Defendants’ existing loan obligations, and the remainder of KRW 600,000,000 was agreed to pay on May 31, 2014.

C. The Plaintiff was seeking to establish a organic fertilizer plant on the instant land, and did not pay any balance by the payment date of the remainder without obtaining the permission for the establishment of a factory.

At the time of the conclusion of the instant sales contract, the phrase “if the buyer fails to pay any balance by the due date, the sales contract becomes null and void and the buyer waives the down payment” is stipulated as a special agreement.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. At the time of entering into the instant sales contract, the Defendants asserted that the Plaintiff obtained permission to establish a fertilizer plant within three months, and if not, the down payment will be returned.

'The promise was committed, but the promise was not observed due to the failure to obtain the permission of factory establishment.

Therefore, since the sales contract of this case is null and void due to the non-performance of terms or is cancelled due to the Defendants’ default, the Defendants are obligated to return the down payment amounting to KRW 50 million to the Plaintiff.

B. The Defendants asserted that they did not intend to obtain permission for the establishment of a factory on behalf of the Plaintiff, but did not undertake a promise to return the down payment unless the permission for the establishment of a factory is granted.

Any balance as stipulated in the contract shall be paid by the Plaintiff.