1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 26, 2013, the Plaintiff entered into a contract with the Defendant to purchase approximately 310 square meters (10,248 square meters) out of approximately 24,116 square meters (hereinafter “instant land”) of forest B-16 square meters (hereinafter “instant land”) owned by the Defendant on the following grounds: (a) KRW 100 million was paid on the date of the contract; and (b) the remainder of KRW 1.76 billion was paid on the date of the contract; and (c) the remainder of KRW 1.76 million was paid on May 30, 2013.

B. On March 27, 2013, the Plaintiff paid a brokerage commission of KRW 13 million to the broker.

C. Around April 2013, the Plaintiff demanded that the Defendant “as he/she tried to operate a business and operate a joint venture (hereinafter “BW”) and the buyer of the instant sales contract to change the buyer of the instant sales contract into the JW’s place.”

Accordingly, on April 16, 2013, the stronger had entered into a sales contract (hereinafter “instant sales contract”) that is almost the same as the first sales contract (hereinafter “instant contract”) with the Defendant on March 26, 2013, which is the date of the first sales contract, and the buyer was changed to the KAW. However, the seller, broker, and the terms and conditions of the contract are the same as the first sales contract, and the special terms and conditions were the same as the first sales contract.

However, KRW 100 million was stated in the contract that the defendant received on April 16, 2013.

E. On March 25, 2015, Gangwon-do asserted that the Defendant failed to perform the matters stipulated in the instant sales contract (i.e., restoration of mountainous districts adjacent to the instant land and construction of site for the instant land by the due date of its default), and that the Defendant issued a certificate of content proving that the instant sales contract was cancelled on the grounds of nonperformance, and the Defendant sought payment of KRW 12 million (the amount of KRW 13 million shall be deemed as a clerical error in writing) due to the refund of the down payment KRW 100 million and the compensation for damages.

F. On April 1, 2015, Gangwon-do transferred to the Plaintiff the right to recover the original state following the cancellation of the instant sales contract (a claim for return of KRW 100 million) and the right to claim damages equivalent to KRW 13 million paid to the broker.