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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 30, 2001, the Defendant, a representative director, entered into a sales contract with the Plaintiff for purchase of 3306 square meters of E-do forest land and 4183 square meters of F-source 5177 square meters (hereinafter “each of the instant real property”) in the Chuncheon City of D-ownership (hereinafter “C”), and agreed to pay KRW 200 million on the date of the contract, and the remainder KRW 400 million shall be paid within one month after C obtained a license for a liquefied petroleum gas charging business from Cheongcheon-si.
B. Article 5(3) of the First Sales Contract provides that "A (referring to C)" is a conditional contract premised on the premise that "B (referring to the case where B) obtains the permission for the filling station of LPG from the Chuncheon Viewer," and therefore, in the event that the Green Level is not cancelled or "B" fails to obtain the permission for the filling station of LPG motor vehicles, this contract shall be automatically terminated, and in this case, "A" shall return the down payment for the purchase and sale of land to "B", and in paragraph 7 of this Article, "A" may cancel at the request of "if it is impossible to obtain the permission for the filling station of LPG motor vehicles by January 31, 2002," and "A" shall return the down payment within 30 days from the cancellation date of the contract to "B".
“The document is written.”
C. Since then, the Defendant did not obtain permission for liquefied petroleum gas charging business on the instant real estate, the Plaintiff and the Defendant agreed to sell all the instant real estate to obtain permission, and the Plaintiff entered into a sales contract with the Defendant on July 30, 2003 with respect to the amount of KRW 450 million with respect to the sales amount of KRW 3306 square meters out of each of the instant real estate, and received all the sales amount from the Defendant. On August 19, 2003, the subject matter of sale was 1831 square meters (6053 square meters) that was excluded from the first sales contract among the instant real estate, and the price was paid.