2. The costs of lawsuit shall be borne by the Plaintiff.

A. On November 4, 2016, B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant for the purchase of KRW 3,973,765,430 of the price with respect to the wife population C, D, E, F, and F volume 2,575 square meters (hereinafter “instant real estate”) and the down payment of KRW 400,765,000 on the date of the contract, and paid KRW 3,573,765,430 on the date of the contract to pay the down payment by April 4, 2017 (hereinafter “instant sales contract”), and on the same day, the Defendant paid KRW 400,000,000 on the same day the down payment to the Defendant.

B. After that, B delayed the remainder of the payment date of the instant sales contract until May 19, 2017, and paid KRW 66,090,180 to the Defendant as damages for delay on April 4, 2017.

C. On May 11, 2017, the Plaintiff acquired the purchaser’s status under the instant sales contract comprehensively from B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion B purchased the instant real estate for the purpose of constructing a new hotel, and the Defendant was also aware of this fact.

However, in the vicinity of the instant real estate, there was a legal obstacle to obtaining permission for the new hotel construction of the said real estate due to the formation of a residential area, and as such, B attempted to transfer the instant real estate to the Plaintiff and newly construct an officetel to maintain the instant sales contract, but it was also impossible to transfer to the Plaintiff due to the geological characteristics of the said real estate.

Therefore, with respect to the legal disability that cannot be newly constructed as a hotel, the sales contract of this case is revoked primarily on the ground of the defect in the real estate of this case, and the sales contract is revoked for the reason of the error in the preliminary motive. The defendant is obligated to return to the plaintiff the total sum of the down payment and delay damages pursuant to the sales contract of this case.

B. Article 580(1) of the Civil Act provides that if there is a defect in the subject matter of sale, the Civil Act shall apply.