1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 200,000.

1. Basic facts

A. On June 5, 2007, the Plaintiff entered into a commercial sales agreement with the Defendant on the reservation to sell and purchase the sales right (hereinafter “instant commercial sales agreement”) with regard to the sales right in the apartment site in the Osan C district, where the Plaintiff is scheduled to be supplied with the Defendant, as follows:

1. Sale price: Determination through mutual consultation;

2. Area: The area shall be that of the area approved for the project after designating a block for multi-family housing supplied by the plaintiff, and shall be mutually consulted.

3. Payment terms: Decisions after mutual consultation at the time of conclusion of this contract.

4. Timing for concluding this contract: Within one month after completion of the designation of blocks for multi-family housing supplied by the plaintiff and the completion of approval for the project.

5. Agreed amount: 20 million won, provided that KRW 100 million shall be paid on August 6, 2007.

8. The grounds for original impossibility shall be null and void and the agreed amount shall be returned;

B. The Defendant paid to the Plaintiff total of KRW 200 million, including KRW 10 million on June 5, 2007 and KRW 100 million on August 6, 2007, in accordance with the instant shopping mall sales agreement.

C. On September 6, 2007, the Plaintiff sent a reply that “The instant housing site” would be supplied from the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) (hereinafter “Korea Land and Housing Corporation”) as the value of the appraisal and assessment to the Plaintiff by using the “Osan Blue (hereinafter “instant housing site”) as the value of the appraisal and assessment. However, the Plaintiff did not properly conclude a sales contract for the instant housing site.

On December 23, 2013, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff’s business was not commenced even after six years have elapsed since the Defendant paid the agreed amount, and at any time, it is difficult to know at any time when the business was commenced, and thus, the instant shopping mall sales agreement was rescinded. As such, the Defendant sent to the Plaintiff a content-certified mail stating that “the principal amount of KRW 200 million paid by the Defendant and the statutory interest thereon are paid by December 31, 2013

On December 31, 2013, the Plaintiff requested the Defendant to return unjust enrichment.