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

2. Following the remand, pursuant to the counterclaim filed by this court.

1. Facts of recognition;

A. On March 14, 2008, the Plaintiff and the Defendant concluded a sales contract with the content that the Plaintiff sells D forest land 6,316 square meters and E forest land 1,137 square meters (each of the real estate listed in the separate sheet No. 1 after the division, merger, registration conversion, etc. was completed; hereinafter “instant real estate”) for KRW 2.9 billion (hereinafter “instant sales contract”).

The Defendant paid KRW 50 million to the Plaintiff on the day of concluding the contract, and the Plaintiff and the Defendant re-determined the amount and time of payment of the down payment, intermediate payment, and remainder, as the approval for the housing construction project plan was revoked on July 1, 1991, when the land construction project plan, which was received on or around July 1, 1991, for the instant real estate.

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

II.(Sales Price and Payment Method)

1. The date of the payment of the purchase price and the method of the purchase price: 2.9 billion won contract deposit: 50 million won contract deposit, the amount of intermediate payment and the date and method of payment: The balance in public column: The contract shall be automatically converted into this contract at the time of cancellation of the right to authorize apartment houses on the land at the time of cancellation of the right to authorize the apartment houses on the land concerned (the amount and the date of payment) after the project financing (PF).

2. In the event that KRW 1.5 billion is paid out of the total purchase price under this contract, the Plaintiff’s transfer of ownership to the Defendant and the remainder is paid on the date determined at the time this contract became final and conclusive.

Article 5 (Defects of Real Estate and Cancellation of Restricted Real Rights)

1. In the event that this contract is converted into this contract, the Plaintiff’s Government District Court, Namyang District Court, No. 72717, Jun. 25, 2007, received as of Jun. 25, 2007, No. 72717, the National Agricultural Cooperative Federation, the debtor, and the maximum debt amount of 1.2 billion won, and the registration of establishment of mortgage as of the same date, No. 72718, which received as of the same date.