1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Article 4 of the terms and conditions of the instant sales contract for the Plaintiff’s assertion provides that “The current seller shall succeed to the share of D land in accordance with the terms and conditions entered into with the co-owners.” According to Article 5 of the previous sales contract with E, the seller, who is a co-owner, “4 meters (part of land) of access roads at the time of change of ownership due to subsequent circumstances, shall be transferred to E without compensation.”

In full view of these provisions, the Plaintiff is unable to acquire the ownership of the part of the land despite the instant sales contract.

Therefore, the sales contract of this case was null and void or cancelled for the following reasons, or was cancelled as a preliminary one:

As such, the defendant shall return to the plaintiff the total sum of KRW 400 million of the down payment and the intermediate payment that was already paid to the plaintiff due to the invalidation, cancellation, and rescission of the contract, and shall compensate for the total amount of KRW 200 million of the estimated amount of damages due to damages

① On the contrary, the Plaintiff entered into the instant sales contract with the intention of providing part of land to E without compensation, and the Defendant concluded the instant sales contract with the intention of transferring ownership of the part of land to E without compensation. This constitutes null and void since there is no agreement between both parties.

② From the time of the instant sales contract, the Plaintiff was already unable to acquire the Plaintiff’s full ownership, and the contract on the part of the land shall be null and void in its original impossibility.

In the absence of the above invalid part, the Plaintiff did not enter into the instant sales contract, and thus, the instant sales contract constitutes a whole invalidation pursuant to Article 137 of the Civil Act.

(3) The defendant shall raise objection.