Of the judgment below against the plaintiff, the part against the plaintiff 8,364,464,00 won and damages for delay shall be reversed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Plaintiff and Defendant’s grounds of appeal regarding multiple obligations, partial impossibility of a sales contract, and the causes attributable thereto

(a) that the performance of an obligation is impossible is not an absolute and physical impossibility, but an obligee cannot expect the realization of the obligor’s performance in light of the empirical rules of social life or the concept of transaction;

(see, e.g., Supreme Court Decision 2000Da22850, Jan. 24, 2003). Where a part of a contract is impossible, a contract may be entirely rescinded only when the performance of only the remaining parts that can be performed could not achieve the purpose of the contract.

(2) Article 202 of the Civil Procedure Act provides that “The court shall bind the court of final appeal as to whether a factual assertion is true in accordance with logical and empirical rules based on the ideology of social justice and equity, by taking into account the overall purport of pleadings and the outcome of the examination of evidence (see, e.g., Supreme Court Decision 9Da57817, Feb. 9, 196).”

(Article 432 of the same Act). (b)

Based on the evidence in the judgment below, the court below acknowledged the following facts.

(1) On October 11, 2007, the Defendant is the executor of the Suwon-si, Embane-dong, Lee Dong-dong, the source-dong, and the Housing Site Development Project (hereinafter “instant development project”) with respect to the land A6 block (hereinafter “instant land”) among the land for the multi-family housing in the Magwon-si City, which is created by the instant development project on October 11, 2007. “The supply purpose is to the rental house, the size of the supply purpose is exceeding 85 square meters, the exclusive use area is exceeding 60,176 square meters, the floor area ratio is 120 percent, the number of households is 485 households, the supply amount is 167,289,280,000 won, and the timing of land use is available”.