1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and KRW 12% per annum from November 1, 2010 to November 2, 2018; and (b) the Plaintiff.

1. Facts of recognition;

A. On April 27, 2005, the Plaintiff entered into a sales contract with the Defendant and the Defendant to purchase KRW 60,000,000 for the purchase price of KRW 330 square meters among the land in Gyeonggi-gu, Gyeonggi-gu, which is being developed as a housing site for electric source. At that time, the Plaintiff paid the said KRW 60,000,000 in full.

B. Since then, unlike the Defendant’s explanation, it was revealed that the Plaintiff could not newly construct housing on the said land due to lack of infrastructure, such as roads, water supply and sewerage systems, etc., the Plaintiff agreed on November 2, 2010 to cancel the above sales contract with the Defendant and to receive KRW 110,000,000.

(hereinafter “instant agreement”). Details of the instant agreement dated November 2, 2010 are as follows.

Of Gyeonggi-gu C land, the Defendant sells in KRW 110,000,000 to another person and pays the amount to the Plaintiff.

From November 1, 2010 to June 201, the Defendant shall pay to the Plaintiff 110,000,000 won with 1% interest per month.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, the purport of the whole pleadings

2. Determination:

A. The Defendant is obligated to pay the Plaintiff KRW 110,00,000 and damages for delay therefrom, in accordance with the agreement made on November 2, 2010.

B. The defendant asserts that he/she has a claim against the plaintiff for penalty of KRW 30,000,000 based on the claim for penalty of KRW 130,000,000 based on the judgment on the defendant's counterclaim for offset, which is set up against the plaintiff's claim for penalty of KRW 30,00,000.

In other words, on May 3, 2010, the Plaintiff entered into a sales contract with the Defendant and one parcel other than Gyeonggi-gun D, and the said sales contract was rescinded due to the buyer’s failure to pay the Plaintiff’s payment obligation.

Therefore, the Plaintiff is obligated to pay the Defendant the penalty of KRW 30,000,000 under the above sales contract.

On May 3, 2010, the Plaintiff goes beyond D.