1. The Defendant’s KRW 46,00,000 as well as 5% per annum from January 22, 2018 to October 23, 2019, respectively, to the Plaintiff.

1. Basic facts

A. On August 21, 2017, the Plaintiff entered into a sales contract with the Defendant on the condition that the Defendant created a factory site of 990 square meters of C Forest and C, 3887 square meters (hereinafter “instant land”) and newly constructed a factory of 330 square meters of 330 square meters until January 22, 2018 (hereinafter “instant construction”). The Plaintiff purchased the instant land from the Defendant for KRW 460,000,000,000,000 for the contract date, the first intermediate payment of KRW 46,6 million, and the second intermediate payment of KRW 50,000,000,000 at the time of completion of the authorization and permission for the instant construction, and the second intermediate payment of KRW 31,40,000,000,000,000 for the remainder when the instant construction commenced, within seven days after the completion of the construction (hereinafter “instant sales contract”).

According to Article 6 of the sales contract of this case, where a plaintiff or defendant fails to fulfill his/her obligations under the sales contract of this case, the other party may notify in writing the person who has failed to perform his/her obligations and cancel the contract, and the parties to the contract may claim damages following the cancellation of the contract to the other party, and

B. The Plaintiff paid the Defendant the down payment of KRW 46 million on the day of the instant sales contract.

C. The Defendant did not file an application for development activities (land division) or permission for mountainous district conversion with respect to the instant land.

Until now, the authorization and permission for the instant construction has not been granted, and the instant construction has not been carried out at all.

E. On the other hand, on January 4, 2018, the Plaintiff sent to the Defendant a document evidencing that “the instant construction is sought to perform, the instant sales contract is rescinded, and the down payment is to be repaid twice pursuant to Article 6 of the instant sales contract,” which reaches the Defendant around that time.

F. The parts related to this case in the Ordinance of the Sinsung City Planning are as follows.

Article 18 (Standard for Permission for Development Acts) (1)