1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff asserted that, while the Plaintiff was preparing to extract aggregate with the permission to extract soil and sand on the land both in Pyeongtaek-gun B and 24, the Plaintiff paid KRW 30 million to the Defendant on June 20, 2014, with the Defendant’s consent to use the land necessary for obtaining the permission to extract soil and sand from the landowner, and paid KRW 30 million in total to the Defendant on June 23, 2014.

However, since the defendant did not accept a written consent for land use and the plaintiff did not conduct the aggregate extraction business, the defendant is obligated to return the above KRW 30 million to the plaintiff.

B. The Defendant alleged that he received KRW 30 million from the Plaintiff in return for receiving the written consent to land use, and received part of the written consent to land use for the land, such as Hai-gun, Chungcheongnam-gun, Chungcheongnam-gun, etc., but did not receive from all the land owners. As such, the Defendant received the written consent to land use by changing the land according to Hai-gun, Chungcheongnam-gun, Chungcheongnam-gun, and received the written consent to land use, the Defendant did not have a duty

2. Facts of recognition and judgment

A. According to the purport of Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 3 (including branch numbers) and the whole pleadings, the following facts may be acknowledged:

1) In return for receiving the written consent to the land use necessary for obtaining the permission to gather earth and sand from the owners of the land located in Ham-gun, Hamyeong-gun and 17, the Defendant received a total of KRW 30 million from the Plaintiff on June 20, 2014, and KRW 10 million on June 23, 2014, and KRW 30 million on June 23, 2014. (2) After which the Defendant received the said written consent from the Plaintiff, the Defendant provided the said D and 17 owners of the land with KRW 200,000,000 and received the written consent to the land use from the Defendant himself, H, I, J, K, and L, but refused to give the written consent to the land use by other landowners.

3. The defendant shall obtain permission for gathering earth and sand from the plaintiff for the above reasons.