1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On July 29, 2016, the Plaintiff concluded a pre-sale agreement with the Defendant to purchase KRW 17631 square meters (hereinafter “instant land”) for KRW 200,000,000 (hereinafter “instant pre-sale agreement”), and entered into a special agreement with the Defendant regarding permission to install solar power plants on the instant land (hereinafter “instant special agreement”).

The main contents of the instant trade reservation and the instant special agreement are as follows.

The indication of real estate in accordance with the reservation document for sale: the Defendant, who is the contractor, in Yongcheon-si, Gyeongcheon-do, shall be referred to as “A”, the Plaintiff, who is the right holder, shall be referred to as “B”, and the Parties, “A” and “B” shall enter into the reservation for sale as follows:

Article 1 “A” refers to the promise of the contractor “B” and the above real estate to sell and purchase the real estate under the following agreements, and the contractor “B” shall accept the promise:

Article 2 “A” promises to sell the said real estate to “B” with the money of KRW 20 million in the purchase price.

Article 3 “B” shall pay gold million won to “A” as the deposit money for purchase and sale of the above real estate.

Provided, however, that if “A” violates the contract for this purchase and purchase agreement, “B” shall pay “B” the deposit and penalty (two times the deposit money for the purchase and sale agreement) received from “B”.

Article 7 "A" and "B" shall be prescribed in attached Form 7 with respect to special agreements concerning the certificates of reservation for sale and purchase of this case.

Article 1(1)(A) of the Special Agreement on the Certificate of Contract for Sale and Purchase (Special Agreement) provides that “A” shall receive a license for electricity generation business and a license for development activities for solar power generation business from the Youngcheon Market, which is a local government having jurisdiction over the said real estate, at its own expense by July 31,

(2) After obtaining a license for the electric generation business and a license for development activities from the Youngcheon Market, the right thereto shall be transferred to “B” without delay.