1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. (1) On April 4, 2012, the Plaintiff and the Defendant are the 9,918 square meters of Gangwon-gun B forest land (hereinafter “instant real estate”) between the Plaintiff and the Defendant.

(2) The contract to purchase KRW 340 million (hereinafter “instant contract”) is deemed to be a contract to purchase KRW 340 million (hereinafter “instant contract”).

(2) Of the instant sales contract, matters related to the instant case are as follows.

A seller shall transfer a full ownership to a buyer by removing the defects and burdens of his/her rights, if there is any ground to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the instant real estate, or if there is any unpaid amount of tax and other charges until the date of the payment of the balance, if there is any reason to restrict the exercise of ownership, such as mortgage, superficies, and right of lease, or if there is any unpaid amount of tax and other charges.

except in cases of rights and amounts agreed to succeed.

The seller shall cancel the seller's liability until the remainder, including interest, of the amount of KRW 98 million creation of the instant real estate collateral.

The balance of the transaction shall be paid by the buyer after the buyer obtains development authorization and permission (hereinafter referred to as "the omitted").

B. On the other hand, on June 29, 2012, the Plaintiff paid KRW 35 million to the Defendant, and the Defendant, upon receiving the said money, prepared and issued a loan certificate stating that “The said amount is fixed at KRW 35 million (interest-free), and the said amount is to be deducted from the balance of the real estate sale in this case” (hereinafter “the instant loan certificate”).

C. On July 6, 2012, in order to operate a furniture manufacturing factory in the instant real estate, the Plaintiff applied for the approval of the establishment of a new factory in the Sung-gun, and the Crossing-gun returned the said application on April 9, 2013.

Accordingly, on May 8, 2013, the Plaintiff filed an administrative appeal with the Gangwon-do Administrative Appeals Commission, and the said administrative appeals commission dismissed the Plaintiff’s claim on July 23, 2013.

The defendant on January 9, 2014 concerning the instant real estate.