1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On August 23, 2004, ELD Co., Ltd. (hereinafter “ELDD”) concluded a sales contract with the Defendant to purchase KRW 9,881,200,000 from the Z, the president of the Defendant, for the purchase of KRW 23,332 square meters (hereinafter “A land”) of the land at the Jeonsan-gu Seoul Special Metropolitan City, the Seoul Special Metropolitan City, the president of the Defendant, for the purchase of KRW 23,332 square meters (the same land shall be indicated only by the lot number), and paid KRW 3.3 billion to the Z as part of the down payment and the intermediate payment.

Since the above land was included in the school site at the time of the contract, if the contract is inevitably terminated due to no permission of the administrative agency concerned, it is automatically terminated without a mutual penalty, and the seller has a special contract that the buyer shall immediately refund the down payment and the deposit.

B. On March 29, 2006, the Defendant, a school foundation operating E High School and F Middle School in the Plaintiff’s Jeonju City, filed an application for alteration of an urban management plan (school) with the former Mayor on the grounds that it is necessary to improve old school facilities. On March 29, 2006, the Defendant filed an application for alteration of an urban management plan (public land) with respect to the exclusion of some unused land from school facilities among five parcels of land outside 23,332 square meters of school site C, which is a school site. On June 28, 2006, the former Mayor filed an application for alteration of urban management plan (public land) with respect to urban planning facilities (public land) of 3,012 square meters, which is part of the land for which the request for exclusion was filed on June 28, 2006.

The portion on the side and the portion on the south side of the school site due to the change of the school site shall be included in school facilities as urban planning facilities (school site) site before the construction is completed, and the green area on the side of the letter to be incorporated

(b).

With respect to a site (G and three lots, other than 3,093 square meters) to be provided as public vacant land on the side of the school, the relevant documents shall be prepared and submitted so that it may be determined as urban planning facilities (public vacant land), and matters subject to consultation with the relevant departments