1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Facts of recognition;

A. The Plaintiff is a person who has operated a ready-mixed company with the trade name of “E” in the land for factory in Jeonnam-do, Jeonnam-do and D 469 square meters of land for factory (hereinafter the above two lots of land). The Defendant is a person who operates F and a limited company G in the vicinity of the instant land.

B. On February 9, 2012, the Plaintiff and the Defendant entered into a sales contract with the Plaintiff to sell the instant land in KRW 350,000,00 on the condition that the Plaintiff removes and closes its business facilities related to ready-mixed production, including wire ropes, accommodation, offices, and laboratories on the instant land, and to pay the down payment of KRW 100,000,000 on the date of the contract, and the remainder amount of KRW 250,000,000 until March 9, 2012 (hereinafter “instant sales contract”).

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

3. The Plaintiff received the full purchase price and, at the same time, performed the procedure for the registration of ownership transfer to the Defendant, and ordered and handed down the instant land.

6. In a case where the plaintiff has neglected the contract deposit, the defendant shall be paid a double the down payment with penalty, and when the defendant has neglected the contract deposit, the down payment shall be regarded as a penalty and the right to claim

The same shall also apply even after the commencement of the contract.

Special Agreements: Provided, That the current owner will operate by February 11, 2012.

Additional Matters: the present H Transport Vehicle is to be used by consultation.

(Observance of the agreed unit price). The Plaintiff does not establish a ready-mixed factory within I after sale and concludes this Agreement.

The Plaintiff received down payment of KRW 100,000,000 from the Defendant on the day of the contract, and removed wire ropes, accommodation, office, machinery room, etc. installed on the instant land through J by the removal service provider until February 25, 2012. However, the Defendant did not dispose of some of the removed wastes, garbage, etc. after the removal of the facilities. The remaining payment date is the remainder on the ground that the Plaintiff did not dispose of some of the removed wastes, garbage, etc.