1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1 to 7, 11, 12 (including each number), Eul evidence No. 3, and the whole purport of the arguments.

(1) On July 5, 2007, the Defendant entered into an agency contract with the Dongjak-gu Seoul Metropolitan Government (hereinafter “C”) on the implementation of the regional housing association project (hereinafter “instant implementation agency contract”), and delegated the authority on the purchase of land, authorization and permission, management of contributions, recruitment of union members (resident and general sale), etc. to C.

(2) On September 3, 2007, C agreed to supply Egypt purchase of land and buildings within the pertinent project district from Egypt Association (hereinafter “Egypt Association”) to Egypt, separately from the purchase price, at the time of joining the association (hereinafter “instant purchase right”).

(3) On March 24, 2008, the Plaintiff decided to acquire the sales right of this case from the Edgys Association KRW 43,000,000, and paid KRW 43,000,000 to Edgys Association.

On March 24, 2008, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement to enter into an association”) with C, representing the Defendant as the subject-matter of the instant right to parcel out, with the share of the cooperative members at KRW 561,240,00 (hereinafter “instant agreement”).

The Plaintiff, on the same day, remitted the total amount of KRW 15,00,000 and the amount of KRW 54,624,000 (contract deposit) to C. 69,624,000.

B. (1) On July 13, 2009, the Plaintiff asserted that, around the first place against the instant court 2009Gahap79243, the instant sales right transfer contract and the agreement to enter into an association was null and void, or revoked due to deception or mistake in violation of Article 103 of the Civil Code, and that, in the first place, the instant sales right transfer contract and the agreement to enter into an association were rescinded for reasons of impossibility of performance under the premise that the agreement and the agreement to enter into an association were valid.