1. Revocation of a judgment of the first instance;

2. The defendant shall receive KRW 5,300,000 from the plaintiff at the same time.

1. Basic facts

A. On May 12, 2003, the Plaintiff entered into a contract with the Defendant to purchase a total of 14,533 square meters of 15,740 square meters (hereinafter “instant sales contract”) 15,740 square meters of 15,740 square meters of land B in Gwanak-gu in Seoul Special Metropolitan City, 602 square meters of land C, 605 square meters of forest land, and D 18,671 square meters of forest land (hereinafter “each land before the instant partition”), and paid the down payment of KRW 1 billion on the same day, and the intermediate payment of KRW 4 billion on October 8, 2003.

The main contents of the instant sales contract are as follows.

- Article 1:One billion won of down payment shall be paid at the time of a sales contract.

The intermediate payment of KRW 4 billion shall be paid within one week from the date of application for a building permit, and the balance of KRW 5.3 billion shall be paid when the seller is fully obliged to perform the terms and conditions of the building permit.

-Article 3: The seller shall deliver all documents of transfer of ownership to an individual or a corporation designated by the buyer at the same time as the receipt of any balance and actively cooperate in the registration procedures.

- Special terms and conditions ① A seller must set up a right to collateral security on the said real estate in an amount equivalent to 100% of the down payment and intermediate payment.

(2) Within 15 days from the date of the contract, the buyer shall submit to the seller the design data necessary for preparing the written application for permission to construct the automobile maintenance

(3) A seller shall apply for a building permit by preparing changes in the form and quality and an application drawings related to construction within 15 days from the date of receipt of design data.

(4) A seller shall obtain a building permit within four months from the date of receipt of design data, and shall bear all expenses incurred in design and permission.

(5) A project owner shall file an application for the change of the name of the project owner to the purchaser when paying any balance.

(6) If a building permit is not obtained within the period prescribed in paragraph (4), the buyer may cancel this contract, and the seller shall refund the down payment and intermediate payment without interest within one month from the date of cancellation.

(7) Construction and change of form and quality.