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 following facts may be found either as a dispute between the parties or as a whole by taking into account the respective descriptions and arguments in Gap 1 and 3:

On June 14, 2012, the Plaintiff entered into a building design contract with the Defendant, who is a building designer, under which the basic design drawing, etc. necessary for construction works to construct the apartment of the first floor and the eighth floor above the ground (hereinafter “the apartment of this case”) is KRW 59,80,000,000,000 for the service of preparing and submitting the basic design drawing, etc. necessary for construction works, on the plot of land outside Jin-gu, Jin-gu, Seoul (hereinafter “the apartment of this case”), and the contract was entered into between the Plaintiff and the Defendant to pay KRW 39,80,000 at the time of receipt of the building permit (hereinafter “the design contract of this case”).

B. On June 14, 2012, the date when the contract was concluded pursuant to the instant design contract, the Plaintiff paid KRW 10 million to the Defendant.

C. After the discontinuance of the construction, the Plaintiff failed to obtain permission from the competent authority for the construction of the instant apartment, and the construction of the said apartment was de facto suspended.

2. The plaintiff's assertion and judgment

A. When concluding the instant design contract with the Plaintiff, the Defendant, on behalf of the Plaintiff, agreed to purchase the land area of 240 square meters from the country, which is to be used as an access road to the instant apartment on behalf of the Plaintiff, but failed to perform the agreement. The design drawings submitted by the Defendant are merely a provisional design drawings that cannot obtain a building permit.

Therefore, the Plaintiff’s cancellation or cancellation of the design contract of this case by the service of the duplicate of the complaint of this case, and the Defendant is liable to compensate for the damages suffered by the Plaintiff due to the violation of the above agreement and the content

B. First of all, as to whether the Defendant, on behalf of the Plaintiff, agreed to purchase a parcel of 240 square meters from the country in Chang-gu, Chang-gu, Chang-si, Chang-si, Chang-si, which is a State-owned land, to purchase it, the health unit, Gap 1’s entry