1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 20,000,000 for the Plaintiff and its related expenses on July 17, 2019.

1. Facts of recognition;

A. On March 6, 2019, the Plaintiff and the Defendant concluded a sales contract with respect to the sum of KRW 20,000,000 (payment on March 7, 2019), the remainder of KRW 90,000 (payment on April 30, 2019), and KRW 110,000,000 (payment on April 30, 2019) with respect to the instant land owned by the Defendant (hereinafter “instant land”).

(2) The terms and conditions of the instant sales contract include the following: (a) the seller actively cooperates with the buyer in the documents and all matters necessary for the buyer’s application for a construction permit (hereinafter “instant special agreement”).

B. On March 7, 2019, the Plaintiff paid KRW 20,000,00 to the Defendant as the down payment of the instant sales contract.

C. In order to connect the land of this case to the roads of the Hanyang-gu, Busan Metropolitan City E, which is a contribution to the land of this case, and to connect the roads, sewage pipes, etc. to construct a building on the land of this case, part of the F-owned G land should be used.

On September 24, 2019, the Plaintiff was requested to supplement the land use by the head of Gyeonggi-gu, Seoul, and did not supplement the request, and withdrawn the construction permit for the land of this case on or around September 24, 2019.

[Reasons for Recognition] Unsatisfy, Gap 1-3, five-7, 9 evidence (including a Serial number), inquiry inquiry and reply to the head of Ildong-dong-dong-gu, the purport of the entire pleadings

2. The plaintiff's assertion

A. At the time of the conclusion of the instant sales contract, the Defendant promised to obtain consent from the owner of the access road which has contributed to allowing construction permission to the instant land, and the instant special agreement is written under the said agreement.

The contract of this case is rescinded because the defendant fails to fulfill his obligation to provide with a written consent from the land owner having access roads for land use.

The defendant shall return the down payment of KRW 20,000,000 to the original state following the cancellation, and the down payment of KRW 20,000,000, which is the estimated damages due to the nonperformance of obligation.