1. The defendant shall pay to the plaintiff KRW 35,00,000 as well as its annual period from January 1, 2006 to January 4, 2016.

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each of the entries in Gap's evidence Nos. 1, 2, and 1 (the defendant's seal impression No. 1 was not disputed, and thus the authenticity of the entire document is presumed to have been established. The defendant has proved that the defendant's seal was stolen, but no evidence to acknowledge it exists).

On May 20, 2005, a sales contract was prepared between the Defendant and the limited partnership C and the Defendant with a content that the said company would purchase D large 132 square meters, E large 619 square meters, 334 square meters prior to F, and above-ground housing (hereinafter “instant real estate”).

B. After that, around June 23, 2005, around June 23, 2005, a sales contract was prepared between the Plaintiff and the Defendant, stating that the Plaintiff would purchase the instant real estate from the Defendant with a price of KRW 3.5 million, and that the Defendant was issued a down payment of KRW 35 million from the Plaintiff on June 23, 2005.

2. The gist of the parties’ assertion is the cause of the instant claim. Around June 23, 2005, when the Plaintiff purchased the instant real estate from the Defendant, the Plaintiff did not perform the contract by December 31, 2005, the sales contract was null and void. Since the sales contract was not implemented under the sales contract, and thus the contract becomes null and void, the Defendant asserts that the Plaintiff is liable to return the down payment of KRW 35 million to the Plaintiff. As such, the Defendant asserted that the Plaintiff is obligated to return the down payment to the Plaintiff. However, the Plaintiff did not sell the instant real estate to the limited partnership company with which the Plaintiff was a general partner.

3. According to the above facts of recognition, barring any special circumstance, it is reasonable to deem that the Defendant, a limited partnership company C, decided to sell the instant real estate to the Plaintiff, and received the down payment of KRW 35 million from the Plaintiff, barring any special circumstance. According to the above evidence, it is possible to conclude the above sales contract between the Plaintiff and the Defendant until December 31, 2005 when concluding the above sales contract.