1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim added by this court.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 15, 2010, according to the Defendant’s proposal, who is an employee of D (hereinafter “D”), the Plaintiff purchased 364/807 shares (hereinafter “instant land”) from D in the amount of KRW 38,50,000, out of 807 square meters in North-gu E-gu, Seog-gu, the pertinent company’s ownership, and completed the registration of ownership transfer on the said land on September 1, 2010, and paid KRW 1,17,000 with the acquisition tax and registration fees.

B. On May 24, 2010, the Defendant: (a) prepared a statement of performance stating that “I will not be developed after three to four years, but will be responsible for the purchase cost and other taxes of the instant land; and (b) delivered it to the Plaintiff.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The fact that the development project including the land of this case as the business area has not been implemented until now is not disputed between the parties. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 39,677,00 won in total, including the purchase price of 38,50,000,000, acquisition tax and registration fee of 1,177,000,000, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from December 29, 2017 to the day of full payment, on which the plaintiff's expression of intent to seek its implementation, was delivered to the defendant.

3. Judgment on the defendant's assertion and counterclaim

A. The defendant's argument ① is that the defendant's responsibility arises only when each of the instant agreements was not developed at any time, and the specific deadline is not set, and the amount of damages was not specified. Therefore, the defendant has no obligation to pay the amount in accordance with the instant agreements.

② The Defendant was only a staff member of D, and D.