1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On November 4, 2016, the Plaintiff purchased shares of KRW 15/39 square meters in Guro-gu Seoul Metropolitan Government D and buildings above ground E in KRW 950,000 (hereinafter “instant sales contract”), and paid KRW 95,00,000 to the Defendant on the same day, to implement the real estate development project (hereinafter “instant development project”).

B. Article 5 of the instant sales contract provides that “This contract is for the Plaintiff to purchase the Defendant’s land and to implement the instant development project, and thus, it shall not be terminated by any notification.” The Plaintiff and the Defendant are identical to Article 6 of the sales contract, which was formulated again on November 7, 2017 based on the instant sales contract (hereinafter collectively referred to as “each of the instant sales contracts,” including the sales contract and the sales contract dated November 7, 2017), and thus, the instant sales contract is a condition subsequent to the cancellation of the Plaintiff’s development project’s rescission.

C. However, the instant sales contract was difficult to implement the instant development project as the existing plan due to the amendment of the relevant laws and regulations, such as the Seoul Special Metropolitan City Ordinance on Urban Planning.

As a result, inasmuch as the condition of rescission of the instant sales contract is fulfilled, the Defendant should pay the Plaintiff the down payment of KRW 95,000,000 and the statutory interest thereon.

2. The plaintiff asserts that the contract of this case added the terms of rescission to the contract of this case, and that the contract of this case "the contract of this case is for the plaintiff to purchase the defendant's land and to implement the development project of this case, and thus it cannot be terminated by either of the parties' notification" can only be acknowledged as the existence and content of the expression of intent in accordance with the language and text by clarifying the objective meaning of the contract of this case, and only the provision of the contract of this case alone is the development project of this case.