The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On October 10, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 84,529,000 square meters for KRW 1,534 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant contract”). On October 11, 2016, the following day, the Plaintiff transferred the down payment of KRW 7,158,500 to the Defendant.

(2) The remainder of the compensation payment method (2) under Article 2 of the contract for the payment of compensation (sale of real estate) shall be 90 days from the date of the contract, and the remainder shall be paid at the same time as the transfer registration has been made to the seller, the plaintiff (the plaintiff, the plaintiff; the same shall apply hereinafter) or the person designated by Eul (the seller

(4) The amount of compensation (amount of sale) KRW 84,529,00 (=the amount of compensation) (i.e., the balance of KRW 7,158,500 and KRW 64,426,50 and KRW 12,944,00) is terminated, terminated, and compensation for damages (ii) where the contract is terminated due to the breach of this contract by Party A, Party A shall compensate Party B for the double and required amount (the project-related expenses of Party B) of the amount already paid, and if Party B violates this contract, this contract shall be terminated, and the down payment already paid shall be reverted to Party A and shall not be claimed to Party A.

(3) If the project becomes impossible due to the cancellation of the approval of the project from the competent authorities and administrative measures, or if the project ceases or renounces the project due to the increase of compensation, civil petition, change of the project implementer, business profit, various environmental deterioration, etc., the Party A shall immediately refund the down payment and shall not claim damages against Party B.

(1) The amount paid under the special agreement (1) shall be the penalty if the balance is not paid on the balance date.

B. The main contents of the instant sales contract are as follows.

C. As of April 13, 2017, the Plaintiff sent a multiple proof of the content of claiming the return of the down payment to the Defendant from May 2018, on the ground that the approval of the industrial complex development plan and the implementation plan was revoked, making it impossible to implement the project.

[Reasons for Recognition]