1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

1. Basic facts

A. The Plaintiff is a person who operates a licensed real estate agent office in the window C of Changwon-si, Changwon-si, and the Defendant is a person who was the owner of land E in the window E of Changwon-si, Changwon-si, and forest land E 252 square meters (hereinafter “instant land”).

B. On January 13, 2018, the Plaintiff remitted KRW 100 million to the Defendant’s account as part of the purchase price of the instant land.

C. On December 6, 2019, the Defendant concluded a sales contract for the instant land with six G et al., and on December 31, 2019, the said buyers completed the registration of ownership transfer for the instant land.

On April 13, 2020, F drafted a power of attorney to the Plaintiff on April 13, 2020, to delegate to the Plaintiff all the powers, including the authority to express the intention of rescission as a co-owner of the instant land.

E. On June 11, 2020, the Plaintiff’s legal representative stated that “the sales contract for the instant land shall be rescinded on the ground of impossibility of performance” in the situation where the Defendant’s legal representative was present at the third date for pleading of the appellate trial of the instant lawsuit.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. A. Around January 13, 2018, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with the Plaintiff to purchase the instant land in KRW 150 million, along with the Plaintiff’s land owner F (hereinafter “Plaintiffs”). As the development plan for the instant land was confirmed difficult to be approved, the Plaintiff and the Defendant agreed to terminate the said sales contract and return the Plaintiff’s purchase price already paid to the Plaintiff to its original state. ② Even if the cancellation of the agreement is not recognized, the Plaintiff’s obligation to transfer ownership to the Plaintiff is impossible as the instant land was sold to a third party.