1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the plaintiff adds the following judgments as to the newly asserted matters in the court of first instance, and thus, it is consistent with the reasoning of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts to the effect that the instant sales contract was concluded on the condition of the building permit on the ground of the instant land, and that the construction permit was originally impossible, and thus, constitutes a contract under which the conditions for suspension are impossible to be fulfilled. However, the Defendant’s receipt of the building permit on the ground of the instant land on January 29, 2014 is identical to the reasoning of the first instance judgment, and thus, the Plaintiff’s assertion on this part cannot be accepted.

[Plaintiff asserts to the effect that “the contract amount shall be waived, the contract amount shall be rescinded, and the contract amount shall be reduced by considering it as estimated amount of compensation for damages.” However, as alleged by the Plaintiff, if one of the parties to a contract delivers the contract deposit to the other party, the party or the other party shall not exercise the right of rescission as repayment or renunciation of the contract amount, unless otherwise agreed by the other party. Here, the commencement of performance refers to the act of performing part of the performance of the obligation to the extent objectively recognizable from the outside, or the preparation of performance does not necessarily have to reach the degree of providing performance in accordance with the terms and conditions of the contract, but it is not necessarily sufficient (see, e.g., Supreme Court Decision 94Da17659, Nov. 11, 1994).