1. The plaintiff's claim is dismissed.

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

1. On December 12, 2016, the Plaintiff asserted that the Defendant entered into a sales contract with the Defendant for the purchase price of KRW 1,211,00,000,000, the down payment of KRW 1,11,000,000, the remainder of KRW 1,111,000,000, and the Defendant paid the down payment of KRW 1,000,000,00 with respect to the land subject to the instant sales contract, which is not the part of the Defendant’s duty, due to the lack of written consent on the use of the access road necessary for the construction of the land subject to the instant sales contract, and interference with entry of the owner of the land subject to the instant sales contract, which is located on the access road to the land subject to the instant sales contract, and thus, it cannot be said that the Plaintiff’s obligation to restore the instant construction contract to its original state, which is the purpose of the instant construction contract, could not be achieved due to the Defendant’s non-performance of the instant construction contract.

2. The following circumstances are considered to have been concluded through a subdivision procedure after confirming that there is no problem in the building permit under the sales contract concluded on August 29, 2016 between the Plaintiff and the Defendant (the sales contract in this case includes a sales price of KRW 3,822,00,000, and a contract for building a multi-household house) that was concluded separately from the sales contract concluded on August 29, 2016 and paid KRW 100,000 for the down payment and the Defendant separately from the sales contract concluded on August 29, 2016.