1. The Defendant’s KRW 45,00,000 as well as 5% per annum from August 27, 2014 to December 2, 2014 to the Plaintiff.

1. Basic facts

A. On December 23, 201, the Plaintiff purchased land C, D, and E (hereinafter collectively referred to as “instant land”) located in the Yeonsu-gu Incheon Metropolitan City located in a development-restricted zone from December 23, 201 to 1.757 billion won for the purpose of installing a liquefied petroleum gas charging station on the ground.

B. However, the installation of a liquefied petroleum gas filling station in a development restriction zone pursuant to the relevant statutes, such as the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act”), is possible only to a person who meets the resident requirements in the development restriction zone with permission from the Special Self-Governing City

C. Accordingly, on April 13, 2012, the Plaintiff, who did not have the right to file an application for permission because it failed to meet the resident requirements, entered into a contract (the Plaintiff and the Defendant are referred to as the “instant contract”; hereinafter the “instant contract”) with the Defendant having the right to file an application for permission by satisfying the resident requirements, and paid the down payment in KRW 10 million to the Defendant.

On May 23, 2012, the Plaintiff filed an application for permission to install a liquefied petroleum gas charging station on the instant land with the head of Yeonsu-gu Incheon Metropolitan City under the name of the Defendant. However, on June 8, 2012, the head of Yeonsu-gu Incheon Metropolitan City rendered a disposition of non-permission on the ground that “In the event that a liquefied petroleum gas charging station is installed on the instant land, it may hinder traffic flow, and residents living in the neighborhood did not meet the convenience of using the relevant facilities because they are merely 15, which may interfere with the Incheon Basic Urban Planning in 2025, and that the placement plan cannot be established as a matter of restriction on the distance between charging stations.”

E. Accordingly, the Plaintiff appointed an attorney, and the Defendant as a party to the lawsuit and sought the revocation of the said non-permission disposition against the Yeonsu-gu Incheon Metropolitan City District Court on June 19, 2012.