1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Plaintiff’s assertion

The Plaintiff asserts as follows: (1) The Plaintiff seeks the payment of money as stated in the claim against the Defendant based on paragraph (2) of the special terms and conditions of the sales contract and paragraphs (2) and (3) (e) of the business agreement entered into between the original Defendant.

The legal brief dated July 9, 2020, which was finally arranged by the plaintiff, was followed.

On October 2017, in order to purchase a site to build a new waste treatment plant, the Plaintiff sought a site purchase mediation from the Defendant by finding an office of licensed real estate agents operating the Defendant and requesting the Defendant to purchase the site.

The defendant, while mediating the newly built site to the plaintiff, prepared a real estate sales contract with the content that the plaintiff purchases two real estate as follows:

① In other words, on October 28, 2017, the Plaintiff purchased the purchase price of KRW 51,144 square meters from D in Kimcheon-si, Kimcheon-si (the purchase price of KRW 400 million), KRW 410 million (the contract price of KRW 20 million), and ② on November 1, 2017, the Plaintiff purchased KRW 11,37 square meters from Kimcheon-si, Kimcheon-si (the contract price of KRW 5 million) in KRW 91 million (the contract price of KRW 2-2).

Meanwhile, among the special terms and conditions stated in the sales contract, the phrase “the full amount of the down payment shall be returned within seven days when the authorization and permission is not performed.”

The term "the above term" is referred to in Paragraph (2) of each of the sales contracts of this case.

The Defendant requested the Plaintiff to remit the amount equivalent to the down payment after preparing each sales contract.

① On October 28, 2017, the Plaintiff transferred KRW 20 million in total to each Defendant, including KRW 10 million on October 28, 2017, KRW 10 million on October 30, 2017, and KRW 20 million on October 30, 2017, and KRW 5 million on November 2, 2017 for the purpose of KRW 5 million on the down payment of the partial sales contract.

Meanwhile, on December 20, 2017, the Plaintiff, with respect to the development and sale of E and G land, which is the land subject to a sales contract, and the development and sale of H land, shall have all the authority to use and develop the site.