1. The Defendant’s KRW 120,000,000 as well as 5% per annum from July 4, 2008 to February 16, 2016 to the Plaintiff.

1. Basic facts

A. The Plaintiff purchased approximately 2,00 square meters (hereinafter “instant real estate”) from the original owner of Pyeongtaek-si C and approximately 9,972 square meters (hereinafter “the instant real estate”), and supplied the Plaintiff with the completion of civil engineering works and the relevant authorization and permission work. The Plaintiff shall pay the Defendant the down payment of KRW 1.6 billion (i.e., the remainder of KRW 320 million (=the down payment of KRW 1.28 billion) with the purchase price and the construction cost, etc., but the land transaction (authorization) agreement becomes null and void, and the down payment has the “authorization and permission agreement for real estate and civil engineering” with respect to the instant real estate with the purport that the Defendant fully redeems the Plaintiff.

(hereinafter referred to as the “instant contract,” and the contents of the said contract, hereinafter referred to as the “instant contract”). B

On August 7, 2007, the Defendant drafted a receipt from the Plaintiff that received the down payment of KRW 160 million out of KRW 320 million with respect to the instant real estate.

C. On September 12, 2007, the Defendant drafted a receipt stating that the Plaintiff received a cashier’s check of KRW 160 million at par value as the remainder down payment for the instant real estate.

The civil engineering works and authorization and permission works on the instant real estate stated in the instant contract were in a situation no longer possible for the original owners to continue to perform their works on June 2008 due to the cancellation of the sales contract.

E. The Plaintiff received KRW 200 million from the Defendant on July 8, 2008.

[Ground of recognition] without any dispute, entry of Gap's evidence 1 through 5, part of Eul's evidence 1, and purport of whole pleading

2. Determination

A. The following circumstances, i.e., cancellation of the instant contract and the Defendant’s duty to restore, and the purport of the entire pleadings, are as follows: ① the Defendant’s name is written in the party column of the instant contract and the Defendant’s seal is affixed thereto; ② the Defendant received down payment KRW 320 million from the Plaintiff and received receipts as to the Plaintiff.