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. Basic facts

A. On July 4, 2013, the Plaintiff purchased KRW 230,000,000 (hereinafter “instant sales contract”) from the Defendant in Chungcheongnam-si (hereinafter “instant land”) for KRW 3675,00,000,000, and fully pays the purchase price, and completed the registration of ownership transfer on the instant land on September 6, 2013.

B. A licensed real estate agent D who arranged the instant sales contract around May 2013, which was prior to the conclusion of the instant sales contract, issued a written confirmation of land use plan for the instant land. It stated that the instant land was designated as flight safety Zone Two (B) and limited protection zones (limited protection zones: 1km) under the Protection of Military Bases and Installations Act (hereinafter “Protection of Military Installations Act”).

On the other hand, before entering into the instant sales contract, the Plaintiff confirmed whether it is possible to construct the instant land in Chungcheong City.

C. After that, the Plaintiff filed a construction report with the head of Geum-Myeon to newly construct a general warehouse (not a agricultural warehouse) on the instant land. The head of Geum-Myeon sent a reply that it is impossible to give consent as a result of consultation with the commander of the 19th M&A, the commander of the jurisdictional unit, on November 25, 2013. On November 25, 2013, the Plaintiff sent to the Plaintiff a letter stating that he will not accept the construction report on the instant land since the instant land is a newly built general warehouse under Article 8 of the Enforcement Rule as an area included within the flight safety Zone Two and limited protection zones (one km: explosives-related area).

(In accordance with the Protection of Military Installations Act, the Enforcement Decree, the Enforcement Rule, etc. thereof, when the relevant administrative agency intends to make any disposition related to the construction of a warehouse in the land of this case, it shall first comply with the opinion of the competent commanding officer in consultation with the commander of the jurisdictional unit, but the commander of the jurisdictional unit shall consent to the new construction of an agricultural warehouse of a certain type and size, unless there is any special reason.