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

2. The Plaintiff (Counterclaim Defendant) is KRW 40,000,000 against the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On May 7, 2010, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 259,00,000 with respect to the amount of KRW 14,252 square meters of forest land C (hereinafter “instant forest land”) in racing-si (hereinafter “instant sales contract”). The main contents are as follows.

Article 1 (Sale Price) ① (2) 259,00,000 won for down payment of KRW 100,000 for down payment. Under the condition that the down payment of KRW 100,000 for down payment until June 7, 2010 is paid by June 7, 2010 after the conclusion of the instant sales contract, prior approval for land use necessary for the development activities of the instant forest shall be granted.

Provided, That where the promise is not implemented, the plaintiff shall immediately waive the project and transfer the permission for development of the forest of this case to the defendant without any conditions, such as the permission for development of the forest of this case.

At this time, the plaintiff shall not charge the defendant the cost.

③ The remainder of KRW 159,00,000 shall be paid simultaneously with the transfer of ownership of the forest land of this case until September 30, 2010.

In addition, when the payment is not made, the down payment and the expenses according to the degree of construction can not be claimed.

Article 3 (Cancellation of Contracts) Before the Plaintiff pays the remainder to the Defendant, the Defendant may cancel the said sales contract by giving twice the down payment to the Plaintiff, and the Plaintiff may waive the down payment and rescind the said sales contract.

Article 4 (Special Provisions) When a civil petition is filed with respect to the development activities of the forest of this case, the defendant shall mutually cooperate and mediate for the settlement of civil petitions, and when permission is impossible due to the problem of access roads, the down payment shall be returned and the sale and purchase act shall be null and void.

On the other hand, the instant sales contract was concluded on the premise that the Plaintiff’s permission to engage in the development of the factory site for the instant forest was granted, and accordingly, the original Defendant set the down down the down payment payment date on June 7, 2010, which was one month after the conclusion of the said sales contract, without giving and receiving any down payment at the time of the conclusion of the said sales contract.