1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is running solar-powered housing business. The Defendant owns 62,850 square meters of forest C, D forest land, 106 square meters of forest land, E forest land, 119 square meters (hereinafter “instant land 1, 2, and 3” in sequence, and when a single father at once, he/she owns each of the instant forest land”).

The instant Nos. 1 and 2 forest are all owned, and the forest land No. 3 of the instant case is owned by 1/2.

B. On October 4, 2016, the Plaintiff and the Defendant and the Plaintiff agreed to lease each forest of this case from the Defendant for the construction of solar power plants from November 2, 2016 to 2031, however, the terms and conditions of the special agreement are as follows: “The lease shall be made for the next 15 years from the start date of electricity generation after the completion of construction and development activities.”

A contract for lease (hereinafter referred to as “instant lease contract”) was concluded with a fixed rent of KRW 40 million per annum, and the Defendant paid a down payment of KRW 10 million to the Defendant.

Upon entering into the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement stating that “the contract amount shall be refunded when the project is not performed (hereinafter “instant special agreement”).”

C. Operational guidelines for permission for development activities of Seongdong-gun were enacted on March 16, 2017 and implemented.

In order to obtain permission to engage in development activities for power generation facilities, Article 4 subparagraph 1 of the Operational Guidelines provides that the site should not be located within 500 meters from the major roads, Gun roads and 2 or more rural roads.

On the other hand, Article 2 of the Addenda to the Operational Guidelines provides that the same shall not apply to the receipt of permission for the electric generation business and permission for development before the enforcement of the Guidelines.

On May 16, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff is not running a solar power plant business, and the Defendant suffered enormous damages therefrom, thereby terminating the instant lease agreement.”

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