1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 1, 2015, the Plaintiff and C entered into a contract with the Defendant to purchase D 12,893 square meters of forest land (hereinafter “instant land”) with the Defendant on the following terms (hereinafter “instant contract”). On the same day, the Plaintiff and C paid the down payment of KRW 207,00,000 to the Defendant on the same day.

2. Sales proceeds: 2,069,100,000 won (207,00,000 won on the date of the contract, the balance of 1,862,100,000 won on the date of the contract, and the remainder of 1,862,100,000 won on December 2, 2015)

2. The seller shall secure six meters wide from access to D among the road parts of E, and shall acquire shares by mutually exchanging the area acquired as E from the D trading area as the area acquired as E from the D trading area.

6. The buyer will waive the down payment and will not raise a civil or criminal question or objection if the buyer fails to do so on the balance date.

B. The Plaintiff delayed the payment of the remainder under the instant sales contract, and on April 15, 2016, the Defendant notified the Plaintiff of the cancellation of the said sales contract on the grounds of the nonperformance of the obligation to pay the remainder.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Assertion and determination

A. The remaining payment date under the instant sales contract for the Plaintiff’s assertion was written in form, and the remainder was paid after obtaining permission of a factory for the instant land.

However, the late payment of the remainder due to the delay of permission and permission for a factory was demanded by the Defendant to pay damages for delay and transfer income tax on the remainder, and the Defendant did not issue a letter of consent to road use pursuant to paragraph (2) of the provisions of the above sales contract. Since the Defendant’s expression of intent to refuse performance of the obligation stipulated in the sales contract of this case is deemed to have clearly been made, the above sales contract was cancelled by delivery of a copy of the complaint of this case, the Defendant is obligated to return the down payment of KRW 297,00

(b) the determination on the cause of the claim;