1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 23, 2017, the Plaintiff entered into a sales contract between the Plaintiff and B on the purchase price of KRW 2,771,460,00 (hereinafter “instant sales contract”). Article 21 of the Special Terms and Conditions on the sales contract between the Plaintiff and B (hereinafter “non-metallic mineral product manufacturing business”), the Plaintiff determined that this contract will be null and void, and the down payment and the down payment shall be refunded to the Defendant.”

(2) According to the instant sales contract, the Plaintiff paid KRW 277,146,00 as down payment on March 30, 2017, and KRW 2,143,716,200 as intermediate payment on October 5, 2018, and KRW 2,420,512,20 as the intermediate payment on October 5, 2018.

B. (1) On June 21, 2018, the Plaintiff entered into a contract for occupancy of an industrial complex with respect to the instant factory site, which was designated as the manufacturing industry of other non-metallic mineral products (Article 391, 3293 Aggregate Dismantling). The Plaintiff filed a report on the installation of air discharge facilities with the Gyeongnam-do Governor to establish a asphalt-do factory in the instant factory site as prescribed in the contract for occupancy of the industrial complex.

On November 12, 2018, the Gyeongnam Do governor notified the Plaintiff that the report on the installation of the above air discharge facilities is not accepted on December 24, 2018.

(2) On December 27, 2018, the Plaintiff was unable to establish an A-mixed Manufacturing Factory in the instant factory site. As such, the instant sales contract stated that the instant sales contract was null and void as stipulated in Article 21 of the Special Agreement, along with the content that it was null and void.