1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On April 23, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 330,000,000 (the contract amount of KRW 33,000,000 on the date of the contract, the remainder of KRW 297,000,000,000 (the payment on June 30, 2015), and paid KRW 33,00,000 as down payment to the Defendant.

B. The Plaintiff and the Defendant set the following terms as the special terms of the instant sales contract.

(1) Of the above parcel number, 2 cases of creating collateral security (the maximum amount of claim 120 million won, 120,000, 120,000, 000, 1200,000 won) are terminated before the remainder payment is made.

Article 22(1) of the Civil Code provides that a commercial building or a mother shall be newly constructed on the same site and this contract shall be null and void and the down payment shall be refunded to the buyer without penalty.

Applicant Documents necessary for the application for a building permit shall cooperate with the buyer.

C. On June 9, 2015, the Plaintiff filed an application for a building permit for accommodation facilities with a total floor area of 1994.93 square meters (eight stories on the ground) on the instant site with the Haban-Gun Office. On June 30, 2015, the Plaintiff received a reply from the Haban-Gun Office that it is impossible to grant a building permit for the above site with a total floor area of eight stories on the ground, and voluntarily withdrawn the said building permit on June 30, 2015.

In addition, at that time, the Plaintiff requested the Defendant to return the down payment by asserting that the contract is null and void as the termination condition of the contract is fulfilled.

On the other hand, the Defendant filed an application for permission to construct lodging facilities of 1,107.46 square meters (4 stories above ground) with the Defendant’s wife H as the owner of the instant site, and obtained the permission on August 1, 2016.

On August 10, 2016, the Defendant sold the instant site to E in KRW 350,000,000, and completed the registration of ownership transfer on September 22, 2016.

(e).