1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2...

1. Basic facts

A. 1) On June 29, 2006, the Plaintiff entered into a sales contract of this case with I, an agent of C on June 29, 2006, with the purport that the Plaintiff shall purchase the purchase price of KRW 350 million (the contract amounting to KRW 90 million, the remainder of KRW 260 million, and the remainder of KRW 200 million) from C as the purchase price of KRW 13,488 square meters and E-438 square meters of forest land in Chungcheongnam-do, Chungcheongnam-do. (hereinafter “instant sales contract”). The Plaintiff entered into a sales contract of this case with C, and the contract based thereon, “the instant sales contract.”

2) The special terms and conditions of the instant sales contract include the phrase “the funeral shall be treated by the observers. Tax shall be treated by the real estate without bearing any burden on the seller” (hereinafter “instant special terms and conditions”). The said sales contract was signed and sealed by H as the broker, and the Defendant as the observer.

B. 1) On June 30, 2006, the Plaintiff entered into an agreement with the Defendant for the purchase of the instant land: (a) as a matter of principle, the Defendant’s performance of duties, such as negotiations, etc., so that the Plaintiff may purchase the 100,000 won per square meter (Provided, That with respect to the site adjacent to national highways and facility sites, the amount exceeding the standard amount shall be paid according to mutual consultation); and (b) the Plaintiff shall bear the expenses necessary for the purchase activities and pay 30 million won to the Defendant (hereinafter “instant agreement for the purchase of land”).

(2) The Plaintiff paid KRW 15 million to the Defendant according to the instant land purchase request agreement, and thereafter, the Plaintiff concluded a sales contract on the said land, M, N,O, P, Q, R, and the said T land and U land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5 (including branch numbers for those with virtual numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 1) The plaintiff's defendant is dissatisfied with the claim for damages caused by non-performance of the duty to excavate a grave.